Breaking: Delhi Court Stays Order Directing CBI To Withdraw Look Out Circular Against Aakar Patel, Reserves Order On Revision Plea

A Delhi Court on Tuesday reserved orders on the plea filed by Central Bureau of Investigation (CBI) 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.

Special CBI Judge Santosh Snehi Mann of Rouse Avenue Court has meanwhile stayed the entire operation of the said order, till the final decision of the revision petition. 

"I am convinced with the submission (made by CBI counsel). The operation of impugned order is stayed till final decision of revision petition," the judge said.

Last week, the Judge had directed Patel not to leave the country without its permission. It had also stayed the impugned order insofar as it ordered the CBI Director to make a written apology to Patel for the agency's "deliberate" actions.

Delhi Court Asks Aakar Patel Not To Leave Country Without Prior Permission, Stays Order Directing CBI To Apologize

Case so far

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 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 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 found that the issuance of LOC was a "deliberate act" of the investigating agency to put restriction on the valuable rights of the accused.

"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," it had said.

Delhi Court Asks CBI Director To Apologize To Aakar Patel Acknowledging Lapse On Part Of His Subordinates

The Court had also noted that Patel suffered monetary loss of around Rs.3.8 lac to Patel as he has missed his flight because of the LOC. He was granted liberty to approach the Court or other forum for the compensation. 

Now, Patel claims to have suffered a further loss of Rs. 5.6 lakh and has moved a contempt petition, which is scheduled to be heard tomorrow at 2 PM.