Delhi court directs CBI to withdraw LOC against Aakar Patel and apologise to him

The judge said LOC is a deliberate act of the investigating agency to put restriction on the valuable rights of the accused

A Delhi court on Thursday directed the CBI to withdraw a look out circular issued against Aakar Patel, activist and former executive director of NGO M/s Amnesty International India Pvt Ltd, and asked the director of the investigating agency to give a written apology to him for the "lapse".

It noted that the circular was issued on December 31, 2021 without any sufficient ground and any application of mind and with no justified reasons. The Court observed that Patel was never arrested during the investigation and had joined investigation whenever notice was issued to him in a case related to violation of the FCRA for allegedly receiving Rs 36 crore without approval of the Ministry of Home Affairs.

Patel was prevented from boarding a flight to the US from Bengaluru airport on Wednesday on the basis of the look out circular.

Also Read | Aakar Patel stopped from leaving India at Bengaluru airport

Passing a detailed order on his application, Additional Chief Metropolitan Magistrate Pawan Kumar noted the apprehension by the CBI that Patel may evade the trial and flee from justice had no basis.

"As LOC is liable to be set aside, the CBI is directed to recall it immediately," the court said.

It pointed out the LOC should not have been issued merely on the basis of apprehension arising out of whims and fancies of the investigating agency.

"Before issuance of the LOC, consequences on the rights of the person affected should have been forseen. The fundamental rights of any person cannot be curtailed without any procedure established by the law. Apparently, the LOC got issued in violation of the guidelines issued by the Delhi High Court and office memorandum of the concerned ministry," it said.

The court also noted Patel had to suffer a loss of Rs 3.8 lakh as he missed his flight.

With regard to Patel's plea for compensation for mental harassment, the court said he may approach the appropriate forum for it.

However, "a written apology from the CBI director acknowledging the lapse on the part of subordinate, would go a long way in not only healing the wounds of the applicant but also upholding the trust and confidence of the public in premier institution," it said.

The court also asked the CBI chief to sensitise the officials on issuance of the LOC and fix accountability of officials in the present case.

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