NewsClick FIR says ‘Gautam Bhatia’ is ‘key person’ who legally defended Vivo, Xiaomi

The Delhi police’s FIR against news portal NewsClick claims that “big Chinese telecom companies like Xiaomi, Vivo” purportedly “incorporated thousands of shell companies in India” – and that one “Gautam Bhatia” is a “key person” in the matter.

Just like the police application which sought 15-day custody for arrested NewsClick founder Prabir Purkayastha, the FIR also claims that secret inputs were received on foreign funds being allegedly infused illegally into India by entities that are “inimical” to Indian unity, integrity and sovereignty.

The FIR alleges that “Shri Gautam Bhatia (key person) conspired to create a Legal Community Network in India to campaign for and put up spirited defence of legal cases against aforementioned Chinese telecom companies in return for benefits by these telecom companies”.

Gautam Bhatia is a lawyer and writer based in Delhi. It’s unclear as to whether the FIR refers to the same Bhatia. The FIR does not show Bhatia as a counsel of the two companies or mention any further details about the court proceedings against the firms.

Xiaomi and Vivo are prominent players in India’s mobile phone market and have significantly invested in the country. Both companies are under scrutiny by the Enforcement Directorate for potential money laundering issues, leading to a considerable portion of their financial assets in India being seized by the authorities.

Amid the standoff between Indian and Chinese forces in 2020, sections of the mainstream media had used Chinese ad money from Chinese companies to do shows on boycotting Chinese goods. Vivo and Xiaomi were among the advertisers. Read all about it here.

Arunachal, Covid, and Maoist links case

These claims stand alongside other allegations in the FIR that were also mentioned in the police’s remand report – for instance, that NewsClick founder Prabir Puryakastha, tech mogul Neville Roy Singham and others “exchanged mails which expose their intent to show Kashmir and Arunachal Pradesh as not part of India”. Newslaundry reported in detail on the allegations.

The FIR says as much too, that in order to allegedly disrupt India’s sovereignty, funds were purportedly routed from China in a “circuitous and camouflaged manner”. It said paid news was purportedly ”intentionally” peddled to criticise domestic policies and development projects in India while also promoting Chinese policies and programmes.

The FIR also alleges that the accused made attempts to discredit the government’s Covid management. 

Purkayastha and NewsClick’s HR head Amit Chakraborty were arrested on October 3. This was after The New York Times alleged the news site was among Chinese propaganda outlets funded by American tech mogul Neville Roy Singham. In the run up to the arrests, the Delhi police raided over 30 locations and questioned more than 35 journalists. Their electronic devices were also seized.

The FIR names Purkayastha, activist Gautam Navlakha, who is under house arrest in the Elgar Parishad-Maoist link case, and Singham. It invokes multiple sections of the Unlawful Activities (Prevention) Act, involving unlawful activities, terrorism, raising funds for terrorism, conspiracy and threatening witnesses, along with section 153A and 120B of the IPC for promoting enmity between groups and criminal conspiracy.

NewsClick has moved the Delhi High Court to quash the FIR.

The media outlet slammed the police action, calling it an attempt to “stifle fearless voices”. 

Earlier this week, 16 press groups wrote to the Chief Justice of India, demanding that the “increasingly repressive use” of investigating agencies against the media be stopped.