New Delhi: The Delhi high court has posted the hearing for NewsClick founder Prabir Purkayastha and its HR head Amit Chakravorty’s challenges against the FIR filed against them for Monday, October 9, seeking a response from the Delhi Police and noting that the remand application does not disclose the reasons of arrest.

The two who were held on October 3 after daylong questioning by Delhi Police. On the same day, several journalists and commentators with links to NewsClick were raided, questioned and had their devices seized, in what is being called one of the worst attacks on independent media.

LiveLaw has reported that Purkayastha and Chakravorty have both moved court challenging the first information report – invoking charges under the Unlawful Activities (Prevention) Act – registered by Delhi Police’s Special Cell, their arrests and the order on a seven-day police custody.

Both matters were urgently listed before Justice Tushar Rao Gedela.

A day ago, a Delhi court granted Purkayastha’s plea to be provided a copy of the FIR under which he has been arrested. The Delhi Police had opposed the plea.

The Wire has reported today on the FIR’s allegations surrounding the existence of a ‘larger criminal conspiracy’ involving the “illegal infusion of funds” by Chinese companies Xiaomi and Vivo, and the “spirited defence of legal cases” against these telecom firms by “Gautam Bhatia” who is described as a ‘key person’.

Appearing for the respondent, Delhi Police, Solicitor General of India Tushar Mehta said there are certain facts which were stated which he does not know. “I have to take instructions,” he said.

Appearing for Purkayastha, Kapil Sibal said this is illegal and that the arrested are entitled to be released.

When Sibal pressed for interim release, the Justice Gedela said, “The issue is, the allegations don’t seem to be of such nature which will get you released immediately.”

The court also noted that something is amiss in the remand order. “Mr. Mehta, tell us…The remand order, there appears to be something which is missing there because it’s 6 AM and the counsel was not heard…” the court said, according to LiveLaw.

It also said the remand application does not disclose the ground of arrest.

“Apparently in the remand application, you don’t disclose the ground of arrest. Today there is a Supreme Court judgment which is staring in the eye,” the judge said.

The court also asked for the Delhi Police’s response to the petitions and posted the matter for Monday.

Noting that the case diaries will be presented in court on Monday, SG Mehta said, “Unnecessary hype is created.”

The court directed the investigating officer to ensure Amit Chakravorty’s health is not compromised with in any way. Chakravorty is disabled.