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Aakar Patel free to fly out ofcountry: Delhi court
The court, however, set aside the order in which the CBI director was directed to give a written apology to Aakar Patel, acknowledging the lapse on the part of his subordinates.
A Delhi court on Saturday allowed former Amnesty India chairman Aakar Patel to fly abroad, dismissing the look out circular (LOC) issued by the Central Bureau of Investigation (CBI) for “lack of understanding” of the relevant law.
“In this case, 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 of the CBI, not only for sensitisation but also to bring objectivity in their actions, is not out of context,” special judge Santosh Snehi Mann said in an 18-page order.
The court, however, set aside the order in which the CBI director was directed to give a written apology to Patel, acknowledging the lapse on the part of his subordinates.
“In the present case, the LOC was issued on wrong interpretation and understanding of law, and not out of any malice or ill will. Hence, it is not a fit case to call for fixing the accountability for issuance of LOC,” the judge said.
The look out notice was issued against Patel in a case of alleged violation of the Foreign Contributions Regulation Act (FCRA) registered against Amnesty International India in 2019. He was stopped by immigration authorities at the Bangalore International Airport on April 6 and 7 while he was boarding a flight to the United States.
On April 7, the additional chief metropolitan magistrate (ACMM) had directed the CBI to withdraw the LOC.
The probe agency challenged this order while Patel, through his counsel Tanveer Ahmed Mir, filed a contempt plea after he was stopped at the airport on April 8.
On Saturday, setting aside the circular, the special judge noted that Patel had joined investigation whenever called and it was not the case of the CBI that he in any manner either tried to hamper the investigation or tamper with evidence.
“Investigation is complete and the matter is at the stage of consideration of the charge sheet by the trial court for cognisance,” the court said.
It added that whether Patel would be held entitled to get compensation would be a matter for a separate trial before a court of competent jurisdiction.
On the question of an apology, the court said harassment suffered during the two times he was stopped at Bengaluru airport were “a component for consideration”, but the actual fixing of compensation was not a matter for the magistrate’s court that ordered the apology.
“Since determination of the compensation was not a subject matter before the ACMM, there was no scope to venture into the aspect of ‘mental harassment’. Therefore, direction of the trial court to the director (of the CBI) to give written apology to the accused, acknowledging the lapse on the part of his subordinates... cannot sustain and is liable to be set aside.”
After he was stopped for the second time, Patel had claimed he lost ₹6 lakh due to non-compliance with the April 7 order and filed a contempt plea on April 8. The same day CBI challenged the earlier order allowing Patel to leave and directing an apology by the agency.
Special judge Mann had stayed the observation on the apology and asked Patel not to leave the country without the court’s permission.
The CBI has told the court it had sanction from the union government to prosecute Patel; such sanction is mandatory to prosecute an association for alleged FCRA violations.
