ED in dock again, needs to be held to account, Pg11

Key Highlights:

• The Delhi High Court recently quashed cases filed by the Enforcement Directorate (ED) and Delhi Police Economic Offences Wing (EOW) against online portal NewsClick and its founder-editor Prabir Purkayastha.
• The court termed the continuation of the Delhi Police's FIR a "gross abuse of the process of law," citing a lack of incriminating allegations.
• This ruling raises significant questions regarding the motives and competence of investigating bodies and the prosecution.
• The judgment underscores concerns about the "weaponisation" of legal proceedings against media outlets.
• Prabir Purkayastha still faces cases under the Unlawful Activities (Prevention) Act (UAPA), Foreign Contribution (Regulation) Act (FCRA), and income tax laws.

Detailed Insights:

• The Supreme Court had previously declared Prabir Purkayastha's arrest under the UAPA invalid on May 15, 2024, due to the failure to provide written grounds of arrest.
• Investigating agencies, including the ED, frequently invoke stringent laws like UAPA and Prevention of Money Laundering Act (PMLA), which often shift the burden of proof onto the accused.
• The Delhi High Court also highlighted the ED's delay in investigation, noting that inquiries had been ongoing for over a year and a half.
• The Supreme Court has consistently emphasized the right to a speedy trial and investigation as part of Article 21, stating that investigations cannot continue endlessly.
• The judiciary has repeatedly asserted that bail should be the rule and jail the exception, even in cases involving special laws.
• There is a growing call for establishing a framework to ensure accountability of investigating agencies without impeding legitimate investigations.

Key Concepts Involved:

• Unlawful Activities (Prevention) Act (UAPA): India's primary anti-terrorism law, enacted to prevent unlawful activities threatening national sovereignty and integrity, with stringent bail provisions.
• Prevention of Money Laundering Act (PMLA): Legislation aimed at combating money laundering and confiscating property derived from illegal activities, often placing the burden of proof on the accused.
• Foreign Contribution (Regulation) Act (FCRA): Regulates the acceptance and utilization of foreign donations by individuals and associations to ensure they do not adversely affect national interests.
• Article 21 of the Indian Constitution: Guarantees the fundamental right to life and personal liberty, which includes the implicit right to a speedy trial and investigation.