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Court upholds order to withdraw CBI lookout circular against Aakar Patel
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Special Judge Santosh Snehi Mann, however, set aside the direction issued to the CBI director to make a written apology to Patel for the agency’s action against him.
A Delhi court on Saturday, April 16, upheld an order directing the Central Bureau of Investigation (CBI) to withdraw a lookout circular against former Amnesty India chairman Aakar Patel. Special Judge Santosh Snehi Mann, however, set aside the direction issued to the CBI director to make a written apology to Patel for the agency’s action against him. The court also ruled that Aakar Patel cannot leave the country without its permission.
“In this case, the manner in which LOC has been issued by the CBI shows lack of understanding of the relevant law, and hence need for orientation of the concerned officers of CBI, not only for sensitisation but also to bring objectivity in the actions, is not out of context,” LiveLaw quoted the court as saying.
The court was scheduled to pass the order on CBI’s revision petition on Wednesday, but the judge deferred it, saying she had received the written submissions from the CBI on Wednesday and needed time to go through it. The court had reserved the order on Tuesday after hearing arguments from the CBI and the counsel appearing for the accused on the agency’s plea seeking revision of the magisterial court’s decision. The judge had also extended the stay on the magisterial court’s order till the final decision of the revision petition.
The judge had on April 8 directed Patel not to leave the country without the court’s prior permission while it stayed the order of the magisterial court in the case relating to the alleged violation of the Foreign Contribution (Regulation) Act (FCRA). The court had said due opportunity needed to be given to the activist to file a formal reply if any.
Additional Chief Metropolitan Magistrate Pawan Kumar had on April 7 passed the order and directed the probe agency to withdraw the LOC immediately and apologise to the activist. “This court is of the considered opinion that in this case, a written apology from the head of the CBI, acknowledging the lapse on the part of his subordinate, to the applicant 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 the premier institution,” the judge observed at the time.
Read: Delhi court tells CBI to send written apology to Aakar Patel
Patel, meanwhile, was stopped again that evening at an airport and was informed that the CBI had not withdrawn the LOC. His application had further sought the court’s permission to visit the US to take up his foreign assignment and lecture series organised by various universities till May 30.
The application had submitted that Patel was stopped by immigration authorities at the international airport in Bengaluru on April 6 while he was boarding a flight to the US. The application claimed that the action was taken despite an order by a Gujarat court granting him permission to travel abroad.
“In this case, the manner in which LOC has been issued by the CBI shows lack of understanding of the relevant law, and hence need for orientation of the concerned officers of CBI, not only for sensitisation but also to bring objectivity in the actions, is not out of context,” LiveLaw quoted the court as saying.
The court was scheduled to pass the order on CBI’s revision petition on Wednesday, but the judge deferred it, saying she had received the written submissions from the CBI on Wednesday and needed time to go through it. The court had reserved the order on Tuesday after hearing arguments from the CBI and the counsel appearing for the accused on the agency’s plea seeking revision of the magisterial court’s decision. The judge had also extended the stay on the magisterial court’s order till the final decision of the revision petition.
The judge had on April 8 directed Patel not to leave the country without the court’s prior permission while it stayed the order of the magisterial court in the case relating to the alleged violation of the Foreign Contribution (Regulation) Act (FCRA). The court had said due opportunity needed to be given to the activist to file a formal reply if any.
Additional Chief Metropolitan Magistrate Pawan Kumar had on April 7 passed the order and directed the probe agency to withdraw the LOC immediately and apologise to the activist. “This court is of the considered opinion that in this case, a written apology from the head of the CBI, acknowledging the lapse on the part of his subordinate, to the applicant 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 the premier institution,” the judge observed at the time.
Read: Delhi court tells CBI to send written apology to Aakar Patel
Patel, meanwhile, was stopped again that evening at an airport and was informed that the CBI had not withdrawn the LOC. His application had further sought the court’s permission to visit the US to take up his foreign assignment and lecture series organised by various universities till May 30.
The application had submitted that Patel was stopped by immigration authorities at the international airport in Bengaluru on April 6 while he was boarding a flight to the US. The application claimed that the action was taken despite an order by a Gujarat court granting him permission to travel abroad.
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