New Delhi: On October 10, 2023, a Delhi court sent NewsClick founder Prabir Purkayastha and the portal’s HR head Amit Chakraborty to ten days of judicial custody in a case registered by the Delhi Police under the Unlawful Activities (Prevention) Act (UAPA).

The FIR against Purkayastha and others is a vague amalgam of sweeping accusations that do not actually disclose any offence, let alone one of terrorism. Without citing any published content, the FIR alleges offences that range from hatching a conspiracy to undermine the country’s security to disrupting the 2019 parliamentary polls, from causing disaffection against the government to disrupting essential services. It invokes provisions of the UAPA and penal provisions relating to conspiracy and promoting enmity between different groups. Notably, it does not mention any overt act that may be described as unlawful activity or a terrorist act.

The FIR generally describes how foreign funds were infused illegally into India by forces inimical to the country with the objective of causing disaffection against the government, disrupting the sovereignty and territorial integrity of India, and threatening its unity and security. It refers to a ‘conspiracy’ based on purported email exchanges to show Arunachal Pradesh and Kashmir as “not part of India”, and also moves to protract the farmers’ agitation of 2020-21 and thereby disrupt supply of services and other essential supplies.

The arrest of Purkayastha and Chakraborty has been widely condemned by journalists, activists, and civil society groups. They have called it an attack on press freedom and an attempt to silence dissent.

The UAPA is a controversial law that has been used by the government to target journalists, activists, and minorities. It is a draconian law that allows the government to detain people without charge for up to six months. The law has also been criticized for its vague definitions and for its potential to be misused.

The arrest of Purkayastha and Chakraborty is a worrying development. It is a sign that the government is increasingly intolerant of dissent and is willing to use draconian laws to silence its critics. The arrest has also sent a chilling message to journalists and activists.