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‘Law used as weapon to create chilling effect’: NewsClick to HC

NewsClick has told the Delhi High Court that the foreign funding violation charge was a bid to “target” the outfit and create a “chilling effect”, PTI reported.

“I am being targeted because I happen to be an entity engaged in news circulation on digital platform,” said senior advocate Siddharth Agarwal, representing the outlet, before Justice Saurabh Banerjee. “We have reached a place where criminal law is used as a weapon of choice for chilling effect. There is nothing here that needs to be investigated.”

The remarks came on Wednesday when the court was hearing a plea by M/s PPK NewsClick Studio Private Limited, which owns the news portal, seeking the quashing of an FIR filed by the Delhi police economic offences wing – several petitions pertaining to ED and EOW investigations against the firm have been clutched together.

“I’m today unfortunately not liked by somebody. Which is the reason why for a case which does not stand to reason, logic…I’m being prosecuted. So there is something special about me,” said NewsClick’s lawyer.

On Tuesday, senior advocate Kapil Sibal, appearing for the petitioner, had claimed that the “entire case” was “nothing but pure malafide”. “What is the loss to the government exchequer here? I have brought in the money. I have paid salaries; these are all banking transactions and not non-banking. How is an offence under Sections 420 and 406 (IPC) made out? Who have I cheated and what is the breach of trust? The investor has given the money, but he has not filed any complaint. Nobody has said there is a breach of trust… it is a commercial transaction. Has the GOI given me any money which I have siphoned off? This is nothing but pure malafide.”

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