Delhi High Court grants Newsclick founder Prabir Purkayastha protection from coercive action till July 5 in money laundering case

The Delhi High Court on Monday granted interim protection from coercive action to digital website Newsclick and its founder Prabir Purkayastha, in connection with a money laundering case and search and seizure activities carried out by the Directorate of Enforcement (ED) at Purkayashta's office and residence [M.S. PPK Newsclick Studio Pvt. Ltd. & Anr. Vs. UOI & Anr.].A single-judge bench of Justice Jasmeet Singh said that no coercive action should be taken against Newclick and Purkayastha until July 5, 2021. The Court proceedings went on till 11:30 PM on Tuesday. "It is directed that till the next date of hearing, no coercive action be taken against the petitioners. The matter will be heard next on July 5," the Delhi High Court ordered.The order was passed on a petition was moved by Purkayastha seeking a copy of the Enforcement Case Information Report (ECIR) filed by ED against Newsclick.The Court also issued notice to ED and directed it to give a copy of the ECIR. The Court further gave the ED two weeks time to file its reply.In addition to this, the Court also issued directions to the Delhi Police to respond to another petition filed by Newsclick in order to quash the FIR initiated against it by the Economic Offences Wing.The allegations made against the digital media website included overvaluing of shares, diverting funds and violation of FDI regulations.Back in February, the ED had raided the homes and offices of Newsclick founder and its employees. The raids lasted for more than 4 days whilst Purkayastha was detained at home. Following this, Newsclick asked Delhi High Court to issue a copy of the ECIR while granting them protection from any form of coercive action in the meantime. Appearing on behalf of the Petitioner, Senior Advocate Dayan Krishnan informed the Court that while he had received a copy of the FIR in the Economic Offences Wing's matter, he had still not received a copy of the ECIR from the ED. He also asked the court, "Can there be an interim order without any application for interim bail? I need to know the substance of allegations and of the offences against me. I need to know of any reason to believe such an apprehension. I cannot go to a trial court and say I don't have an ECIR but you give me bail. I'm only asking your lordship to give me the ECIR to the extent that I can avail my legal remedies. Moreover there is no definition of the ECIR in the CrPc."Advocate Amit Mahajan, appearing on behalf of the investigating agency, told the Court, "ECIR is just a file number, not an FIR which is to be given to anyone." He also highlighted a 2005 amendment to the Prevention of Money Laundering Act (PMLA) in this regard.However, Justice Jasmeet Singh said that the 2005 Amendment is not effective as of now and ordered him to provide Newsclick with a copy of the ECIR..Breaking: CBI raids residence, offices of Indira Jaising and Anand Grover in FCRA case.The Court listed the matter for further hearing on July 5.Newsclick and its founder were represented by filing counsel Arshdeep Singh Khurana and Senior Advocate Dayan Krishnan. ED was represented by Advocate Amit Mahajan and the Economic Offences Wing by Advocate Avi Singh..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.