"Aakar Patel Actively Connected With Amnesty International, Has Sufficient Contacts Outside India": CBI Justifies Issuance Of LOC Before Delhi Court

Justifying the necessity to issue a look out circular against former Amnesty International India Chief Aakar Patel, the Central Bureau of Investigation (CBI) has told a Delhi Court that Patel is actively connected with Amnesty International and has sufficient contacts outside India. 

In the written note filed, CBI has said that the purpose of Patel's travel was also not shown to be that of a verifiable nature, which was only to deliver a lecture, which Patel had successfully been able to do via virtual mode.

The note has been filed in the revision petition filed by CBI against the Trial Court (ACMM) order which directed the agency to immediately withdraw the Look Out Circular issued by it against Patel. 

CBI has averred that the necessity of LOC arose due to a hiatus which had arisen between completion of investigation and taking of cognizance owing to the bar under sec. 40 of the FCRA. 

"In the present case, there was time gap between filing of charge-sheet and taking of cognizance owing to an event which was within the domain of Ministry of Home Affairs, Government of India. This sanction has now come and the concerned court will take appropriate action once cognizance is taken," the note states. 

It adds "These factors coupled with the fact that the Respondent made an immediate attempt to leave the country on 8/4/2022 ought to be treated as enough to show that the subjective satisfaction could not have been said to be illusory."

On the aspects of several remarks made by the ACMM on the officers and functioning of the agency, CBI has submitted that neither there was absolutely no basis to return the said finding, nor was it required to deal with the issue of correctness of LOC. 

"The Ld. ACMM thereafter has required the director CBI to sensitize its officials and fix the accountability of concerned officials. It is submitted that the Ld. ACMM is not the court exercising power of superintendence of the administration of CBI. It is also submitted that carrying out their statutory duty on a bonafide belief ought not to have resulted in a finding which requires fixing of accountability," the note adds. 

While the matter was listed today for orders, the same has been adjourned to Saturday at 4 PM. Special CBI Judge Santosh Snehi Mann of Rouse Avenue Court has extended the interim stay of the Trial Court's order till Saturday.

The FIR was registered on November 25, 2019 under the various provisions of Foreign Contribution Regulation Act, 2010 (FCRA) read with sec. 120-B of IPC. Patel, though not named in the FIR was the Chairman of Amnesty India, first accused in the FIR. 

The FIR alleged that in order to evade the mandatory provisions of FCRA, Amnesty UK and other UK based entities had remitted a total sum of Rs 36 Crores without the MHA approval. The FIR further alleged that the inspection of the books of the Amnesty India showed that instead of using the funds received from abroad for the purpose received, they were being used for commercial purposes thereby violating the provisions of FCRA. 

Case so far

Patel was stopped from boarding a flight to the US at Bengaluru airport last week, on April 7. He claims that the impugned action was taken despite a Gujarat court's order granting him permission "specifically for this trip".

He is being prosecuted before the court of Sixth Additional District & Sessions Judge Surat, Gujarat in a private complaint lodged by a BJP legislator in Gujarat by the name of Purneshbhai Ishwarbhai Modi. Vide order dated February 19, the Court permitted him to travel abroad and accordingly his passport was released for a period March 3 to May 30, 2022.

The CBI stopped him from leaving the country on the basis of a Look Out Notice issued in connection with a case registered by the agency against Amnesty International India for alleged FCRA violations.

Later on the same day (April 7), he approached the Court aginst the LOC. In the order delivered on the same day, the Trial Court, in its 10-page order, the Trial Court had said that there cannot be any unfettered control/restriction on the right to travel and it is the part of fundamental rights and enshrined under Articles 19 and 21 of the Constitution. It found that the issuance of LOC was a "deliberate act" of the investigating agency to put restriction on the valuable rights of the accused.

"In this case, a written apology from head of CBI i.e. Director, CBI acknowledging lapse on part of his subordinate, to applicant would go a long way in not only healing wounds of applicant but also upholding trust and confidence of the public in the premier institution...A copy of the order be accordingly sent to Worthy Director, CBI for ensuring compliance. It is expected that this court shall be duly apprised about the compliance of the order," it had said.

The Court had also noted that Patel suffered monetary loss of around Rs.3.8 lac to Patel as he has missed his flight because of the LOC. He was granted liberty to approach the Court or other forum for the compensation. Later, Patel claimed to have suffered a further loss of Rs. 5.6 lakh and had moved a contempt petition against the CBI alleging that he was stopped again at the airport despite the Trial Court's order. Next day, the CBI filed revision before the Special CBI Court, which subsequently stayed the order.