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Money laundering case: Delhi court bars Aakar Patel from leaving India sans nod
An LOC was issued against Aakar Patel in a case of alleged violation of the Foreign Contributions Regulation Act
A Delhi court on Friday directed former Amnesty India chairman Aakar Patel to not leave the country without the permission of the court, till the time the Central Bureau of Investigation’s revision application against the quashing of Look Out Circular (LOC) against Patel in a money laundering case, is decided.
Special Judge Santosh Snehi Mann also stayed Thursday’s trial court order directing the CBI’s Director to give a written apology to Patel acknowledging a lapse on the part of his subordinate.
“In the facts and circumstances, it is deemed just and proper to stay operation of the impugned order dated April 7 vis-a-vis direction to the Director CBI to give written apology. Respondent Aakar Patel is directed not to leave the country without permission of this court, till the next date of hearing,” the court said in its order.
The LOC was issued against Patel in a case of alleged violation of the Foreign Contributions Regulation Act (FCRA). He was stopped by immigration authorities at the Bangalore International Airport on Wednesday while he was boarding a flight to the United States (US).
On Thursday, a trial court directed CBI to forthwith withdraw the LOC, saying that it should not be issued on the whims and fancies of the investigating agency as it has a bearing on the fundamental right of an individual.
The court also said that the apprehension raised by the CBI that he (Patel) may evade the trial or flee from justice during the trial has no basis and appears to be mere apprehension without any sufficient grounds.
But on Thursday night, Patel was again stopped at immigration. On Friday, he moved a contempt petition before the judge at Rouse Avenue court complex, alleging that he was yet again stopped from flying to the US, in complete violation of the court’s direction.
In his plea Patel alleged that he was stopped in complete “disobedience and disregard” of the court’s order.
Challenging this order, CBI contended that the additional chief metropolitan magistrate (ACMM) had erred in his reasoning to set aside the LOC.
CBI’s counsel Nikhil Goel told the court that the magistrate “seems to suggest if you are not arrested in investigation”, a lookout circular could not be issued.
“Ensure that your client does not do any misadventure. He is not going to leave,” the judge said, after CBI said Patel tried to leave for the US on Thursday, a fact that was not disputed by his counsel, who pointed out that the lookout circular had been quashed by the magistrate.
The judge has now kept the matter for April 12 for the arguments by Patel’s counsel while seeking the latter’s response to CBI’s revision plea.
On Friday morning, during the hearing of the contempt petition, Patel’s lawyer, Tanveer Ahmed Mir said: “There is no written thing from CBI and hence he was stopped again. When the IO (investigating officer) was called, he switched off his phone. CBI does not respect any order of the court. Being a law enforcing agency, how can you switch off the phone?”
“There is no stay on the trial court order. I have again suffered a loss of ₹6 lakhs. Injury to insult…The IO could have told the judge that I am going to challenge it. But he did not.”
“… most unfortunately, the applicant was again stopped at the immigration check of the Bengaluru International Airport for the same LOC. The officers at the immigration requested a confirmation of the order from the investigation officers of the case. However, in complete disregard to the order passed and what transpired in the court, the investigating officer instead of being available for the compliance of the order chose to switch off the mobile phone,” the petition read.
In response, the public prosecutor said: “We received the order at 5.30 pm. It has to be heard by the concerned judge because we have challenged yesterday’s order.”
