Delhi Court on Thursday asked the CBI Director to write a written apology to chair of Amnesty International in India Aakar Patel.
A written apology from the CBI director acknowledging the lapse on the part of his subordinate to Aakar Patel would go long away in not only healing his wounds but also upholding the rust and confidence of CBI,” the court said.
“This court is of the considered view that the LOC is liable to be set aside, therefore, the CBI is directed to withdraw / recall the LOC issued against the accused immediately,” the court said.
Court said that the CBI is directed to take the appropriate action and give intimation to the concerned authority regarding the same. “Compliance report of the withdrawal of LOC be filed on 08.04.2022 at 04.00 pm.”
Court said that 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.
“Apparently, the LOC in the present case was got issued in violation of the guidelines laid down by the High Court of Delhi and office memorandum of the concerned Ministry,” court said.
Court said that this act of the investigating agency has caused monetary loss of around Rs.3.8 lac to the applicant / accused as he has missed his flight and he was not allowed to board because of the LOC issued against him.
“It is correct that the discretion for moving the application of LOC lies with the investigating agency but the discretion cannot be exercised arbitrarily without any justifiable reasons or grounds,” Court said.
Earlier, the chair of Amnesty International in India Aakar Patel said Wednesday was prevented from travelling to the US by immigration authorities at the Bengaluru International Airport based on a look-out circular issued by the CBI in connection with a case against Amnesty India in 2019, reported Indian Express.
“When I went to the airport this morning, the immigration said that I am on the Look Out Circular (LOC) from the CBI. This was something that I did not know. I have presented myself to the CBI whenever they have called me. I don’t know why should they have a look-out circular for someone they know about,” Patel, 51, said on Wednesday morning.
“I found out that I was on the lookout list only when I went to the airport. It happened after check-in, at immigration. We put our bags in and had to go through immigration,” he said.
Patel had recently recovered his passport from a Surat court in connection with a case filed by a BJP legislator and was set to travel to the US on Wednesday morning at the invitation of a few universities to deliver lectures.
A trial court in Surat had in February ordered the release of the Amnesty chair’s passport for the period between March 1 to May 30 to facilitate his travel to the US. The passport was released on payment of a deposit amount of Rs 2 lakh and other conditions like the details of travel, contact numbers, and places of visit in the US.
“I was supposed to go and speak to some universities in the US—Berkeley and New York University—and my passport had been impounded in a case that one BJP MLA had filed against me in Surat. As part of the condition of bail I had to surrender my passport,” the Amnesty International chair said.
“After I had been asked by the universities in the US to speak in the US, I moved the court and got my passport back. The government opposed it. The public prosecutor opposed it and the court rejected the government argument and let me travel to the US,” he said. “This CBI case refers to my being the head of Amnesty India. They raided us in November 2020. The case is being prosecuted in the CMM court at Rouse Avenue,” he added.
