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Special CBI Court upholds order setting aside the LOC issued against Aakar Patel, while setting aside the condition imposed on CBI to tender a written apology

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A Special CBI Court has on Saturday upheld the Magistrate Court order dated April 7th setting aside the Look Out Circular issued against Aakar Patel by the Central Bureau of Investigation (CBI). However, the special court has set aside the condition laid down by the Magistrate in the order asking the CBI director to tender a written apology to Aakar Patel
 
Special CBI Judge Santosh Snehi Mann was hearing a plea by CBI challenging order of the Magistrate Court wherein Patel had moved the plea before the Delhi Court seeking directions to the CBI for withdrawal of the said Look Out Circular against him in addition to seeking permission to travel to United States of America till 30th May 2022 to take up a work assignment.
 
The Court in the impugned order had stated that the CBI Director to apologise for lapse on part of his subordinates that will go a "long way" in healing his wounds and that it will also uphold the trust and confidence of the public in the premier institution.
 
ACMM CUM ACJ Pawan Kumar of Rouse Avenue Court relied on Delhi High Court's judgment in Prem Pal & Ors. Vs. Commissioner of Police and to state that the confidence among citizenry has to be restored.
 
"Considering the facts and circumstances of this case and the law laid down by the high court of Delhi, this court is of the considered view that the LOC is liable to be set, there, the CBI is directed to withdraw/recall the lOC issued against the accused immediately. The CBI is directed to take the appropriate action and give intimation to the concerned authorities regarding the same," the court said.
 
The Court had further relied on several judgments including a recent order of the Delhi High Court whereby the lookout circular issued by the Enforcement directorate against Rana Ayyub was set aside and she was allowed to travel abroad.
 
Court had added that the particular case of Aakar Patel is not one where the applicant has evaded his arrest or did not join the investigation & that there is inherent contradiction in the stand taken by the CBI.
 
"On one had, the CBI claims that the LOC got issued as the applicant was at flight risk and in contradiction to the that the accused was not arrested during investigation and the chargesheet was filed without arrest. Further, no explanation is forthcoming from the CBI as to what precaution or measure were taken during the investigation or at the time of filing the chargesheet to ensure the presence of accused during the trial," Court's order reads.
 
It was recently decided by CBI to open a LookOut Circular (LOC) against the accused Aakar Patel to thwart any attempt, if any, by him to escape the process of law and thus to prevent him from leaving India. Thereby, a chargesheet was filed by CBI against the accused persons before the Court Ld CMM, Rouse Avenue District Courts, New Delhi.
 
MHA had alleged in the complaint that in order to evade Foreign Contribution (Regulation) Act 2010 (FCRA), Amnesty (UK) has remitted Rs. 10 crore to Amnesty's Indian entities, classified as FDI, without MHA's approval.
 
Further, another Rs. 26 crore was remitted to Amnesty (India), primarily from UK based entities, without MHA's approval.
 
Cause Title: CBI Vs. Aakar Patel
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