The Enforcement Directorate (ED) has approached the Supreme Court of India to challenge a recent ruling by the Delhi High Court that quashed proceedings against the digital news outlet NewsClick and its founder-editor Prabir Purkayastha. The central probe agency has contested the High Court order that set aside the First Information Report (FIR) registered by the Economic Offences Wing (EOW) of the Delhi Police, alongside the corresponding financial investigation launched under the Prevention of Money Laundering Act (PMLA). According to the financial investigation agency, the High Court failed to adequately evaluate key material evidence and substantive arguments put forward by the prosecution during the hearings.
Appeal Filed in Supreme Court Countering High Court Relief
In its petition submitted before the top court, the Enforcement Directorate has raised fundamental objections regarding the approach taken by the High Court. The agency has sought an immediate setting aside of the High Court judgment, arguing that quashing the proceedings at this juncture restricts the legitimate scope of a thorough probe into foreign funding mechanisms. The agency submitted that during writ proceedings, an extensive evaluation on the merits of the case should not have been conducted in a manner that shuts down critical investigatory angles regarding high-value cross-border transactions.
Scope of the 2020 Police Complaint and Legal Proceedings
The origin of the formal legal dispute dates back to 26 August 2020, when the Economic Offences Wing of the Delhi Police registered an FIR against PPK NewsClick Studio Private Limited, the parent entity operating the news platform. The police complaint cited violations under Indian Penal Code (IPC) Sections 406 (criminal breach of trust), 420 (cheating), and 120B (criminal conspiracy). Utilizing this foundational police complaint as its prerequisite predicate offence, the Enforcement Directorate subsequently instituted an Enforcement Case Information Report (ECIR) to track the flow of money and determine whether offshore receipts violated statutory provisions.
Foreign Direct Investment, Share Valuation, and Alleged China Links
Central to the investigation is a Foreign Direct Investment (FDI) transaction executed in 2018, in which PPK NewsClick Studio Private Limited received ₹9.60 crore (also referenced in primary documentation as ₹9.59 crore) from a US-based entity. In exchange for this infusion, the company issued equity shares at a valuation of ₹11,500 per share. Investigating authorities maintain that this steep valuation was commercially unwarranted and allege that the underlying capital originated from networks connected to American citizen Neville Roy Singham, with the ultimate objective of advancing specific geopolitical narratives.
Enforcement Directorate Arguments: Key Evidence and Legal Nuances
Assailing the High Court judgment, the Enforcement Directorate informed the Supreme Court that vital evidentiary elements, including internal electronic mail threads and witness statements, were disregarded. A central legal contention raised by the probe agency is that a charge of cheating cannot be discarded merely because the private entity subscribing to the shares did not formally lodge a complaint of being defrauded. The agency asserts that misrepresentation made before public authorities and regulatory bodies regarding the true intent and structure of foreign remittances constitutes a triable offence that warrants complete judicial scrutiny.
Dispute Over Additional ₹92 Crore Funds and Saket Real Estate
Beyond the initial FDI transaction, the Enforcement Directorate continues to question additional foreign remittances amounting to approximately ₹92 crore received by the media entity. The company had classified these receipts as payments for the export of services. However, investigators contend that documentation verifying the actual execution and existence of these alleged services remains dubious. Furthermore, the agency asserts that a portion of these foreign funds was diverted to purchase a residential apartment in the Saket area of Delhi belonging to Prabir Purkayastha, leading to the attachment of immovable property valued at around ₹4.93 crore.
Delhi High Court Rationale for Quashing Legal Proceedings
The High Court ruling delivered on 29 May 2026 by Justice Neena Bansal Krishna had granted full relief to NewsClick and Prabir Purkayastha by setting aside both the EOW FIR and the connected PMLA proceedings. In its judgment, the High Court held that even if the allegations framed by the prosecution were accepted in their entirety, the mandatory legal requirements to establish offences under IPC Section 420 for cheating or Section 406 for breach of trust were not satisfied. It is this complete quashing of charges that the Enforcement Directorate now seeks to reverse before the Supreme Court.
