CBI Moves Delhi's Rouse Avenue Court Seeking Revision Of Order Directing Withdrawal Of LOC Against Aakar Patel, Hearing At 2 PM

The Central Bureau of Investigation (CBI) has approached Delhi's Rouse Avenue Court, seeking revision of the Trial Court order which directed the agency to immediately withdraw the Look Out Circular issued by it against former Amnesty International India Chief Aakar Patel.

The Court had also ordered the Director of CBI to tender a written apology to Patel.

The matter will be heard by Special CBI Judge Santosh Snehi Mann at 2pm.

Advocate Tanveer Ahmed Mir will appear for Patel.

It may be noted that Patel has also approached the court by filing a contempt petition against the agency, for not withdrawing the LOC in time, resulting in another flight being missed by him last night. Details here.

A city Court had yesterday directed the CBI to immediately withdraw the Look Out Circular issued against Patel. The Judge had also ordered the Director of CBI to tender a written apology to Patel, owing to a Look Out Circular issued by the agency.

Patel was however again stopped yesterday night at immigration at the Bangalore airport despite the judicial order. 

Finding that the issuance of LOC was a "deliberate act" of the investigating agency to put restriction on the valuable rights of the accused, Additional Chief Metropolitan Magistrate Pawan Kumar had said,

" In this case, a written apology from head of CBI i.e. Director, CBI acknowledging lapse on part of his subordinate, to applicant would go a long way in not only healing wounds of applicant but also upholding trust and confidence of the public in the premier institution...A copy of the order be accordingly sent to Worthy Director, CBI for ensuring compliance. It is expected that this court shall be duly apprised about the compliance of the order."

Patel was stopped from boarding a flight to the US at Bengaluru airport earlier today. He claims that the impugned action was taken despite a Gujarat court's order granting him permission "specifically for this trip".

He is being prosecuted before the court of Sixth Additional District & Sessions Judge Surat, Gujarat in a private complaint lodged by a BJP legislator in Gujarat by the name of Purneshbhai Ishwarbhai Modi. Vide order dated February 19, the Court permitted him to travel abroad and accordingly his passport was released for a period March 3 to May 30, 2022.

The CBI purportedly stopped him from leaving the country on the basis of a Look Out Notice issued in connection with a case registered by the agency against Amnesty International India for alleged FCRA violations.

In its 10-page order, the local Court had yesterday said that there cannot be any unfettered control/restriction on the right to travel and it is the part of fundamental rights and enshrined under Article b 19 and 21 of the Constitution.

It observed that LOC can be issued by the competent authority on the application moved by the Investigating agency in cognizable offences, where the accused was "deliberately evading arrest" or "not appearing" in trial court despite NBWs and other coercive measures and there are apprehensions that the accused may evade trial or arrest.

In Patel's case however, it is an admitted position that during the investigation he had joined the investigation on the notice issued u/s 160 Cr.P.C. Apart from the notice u/s 160 Cr.P.C, no other process or warrant was issued against Patel for his appearance. It is also admitted that after the investigation, the charge sheet has been filed without arrest of the accused.

Thus, the Court was of the view that the LOC in the present case was issued in violation of the guidelines laid down by the Delhi High Court and office memorandum of the concerned Ministry.