LOC Against Aakaar Patel : Delhi Court Adjourns Pronouncement Of Verdict On CBI's Revision To April 16; Interim Stay To Continue

A Delhi Court on Wednesday adjourned to Saturday(April 16) 4 PM the pronouncement of the verdict on the revision petition filed by Central Bureau of Investigation (CBI) against the Trial Court order which directed the agency to immediately withdraw the Look Out Circular issued by it against former Amnesty International India Chief Aakar Patel.

Special CBI Judge Santosh Snehi Mann of Rouse Avenue Court has extended the interim stay of the Trial Court's order till Saturday..

The Judge had stayed the operation of the order passed by the Additional Chief Metropolitan Magistrate which also ordered the CBI Director to make a written apology to Patel for the agency's "deliberate" actions.

Last week, the Judge had directed Patel not to leave the country without its permission.

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.