Court upholds order directing CBI to withdraw LOC against Aakar Patel

The court, however, set aside the direction issued to the CBI director to make a written apology to Patel

A Delhi court on Saturday upheld an order by a magisterial court to the CBI to withdraw the look out circular issued against activist Aakar Patel, saying the move by the investigating agency is bad in law and cannot sustain.

Special judge CBI court Santosh Snehi Mann said the trial court's order does not suffer from any infirmity as it is well reasoned on the principles of law, though a balance could have been struck with regard to apprehension of the CBI and fundamental right of the accused to travel abroad by asking the accused to furnish a bond of appearance.

The court, however, set aside a direction issued on April 7 to the chief of the CBI to tender an apology to Patel for causing mental harassment to him, as there was no scope for trial court to venture into it, though it will be a component for consideration for determination of compensation.

The court also set aside the trial court's direction to the CBI to fix accountability for issuance of the look out circular, saying "it was issued on wrong interpretation and understanding of law and not out of malice or ill will".

Acting on a revision application by the CBI, the special judge directed Patel not to leave the country without permission and appear before the trial court within a week and furnish a bond for his appearance.

In its decision, the court rejected a contention by the CBI that the accused was an influential person and well connected to entities outside the country and may evade the process of law, saying once the investigation was complete with the filing of the charge sheet, opening of the look out circular would arise only when the accused does not appear before the court on issuance of non-bailable warrants.

The look out circular was issued against Patel on December 31, 2021 in an FIR lodged on November 5, 2019 in a case related to violation of the FCRA for allegedly receiving Rs 36 crore from the UK while acting as executive director of NGO Amnesty International India Pvt Ltd, without approval of the Ministry of Home Affairs. Patel had moved the court after he was prevented from boarding a flight to the US from Bengaluru airport on Wednesday on the basis of the look out circular.

In its 18-page order, the special judge, however, asked the CBI to take in right spirit a direction by the trial court to sensitise its officers on issuance of the look out circular.

"The manner in which the LOC has been issued by the CBI shows lack of understanding of the relevant law and hence need for orientation of the concerned officers, not only for sensitisation but also to bring objectivity in the actions, is not out of context. The observations by the trial court are not of the nature of exercising power of superintendence, they are out of concern," the judge said.

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