A Delhi court on Thursday, April 7, ordered the Director of the Central Bureau of Investigation (CBI) to issue a written apology to Aakar Patel, the former chief of Amnesty International India. Additional Chief Metropolitan Magistrate Pawan Kumar, who passed the order, observed that an apology would uphold the trust and confidence of the public in the agency. The court also passed orders to the CBI to withdraw the Look Out Circular (LOC) issued against Aakar Patel for an alleged violation of the Foreign Contributions Regulation Act. Aakar, on April 6, was stopped at Bengaluru’s Kempegowda International Airport when he was boarding a flight to the United States of America.
The court directed the probe agency to file a compliance report by April 30. The court noted that apart from the monetary loss, the applicant had suffered mental harassment as he was not allowed to visit planned events at the scheduled time.
“The applicant can approach the court or other forum for monetary compensation. This court is of the considered opinion that in this case, a written apology from the head of the CBI i.e. Director, CBI, acknowledging the lapse on the part of his subordinate, to the applicant would go a long way in not only healing the wounds of the applicant but also upholding the trust and confidence of the public in the premier institution,” the judge observed.
The court noted that Aakar Patel had joined the probe earlier and that there was no other process or warrant issued against him for his appearance. In response to the CBI’s contention that the LOC was issued to thwart any attempt by him to leave India, the judge said that an LOC “should not have been issued merely on the basis of apprehensions arising out of whims and fancies of the investigating agency.”
The court also said that if the accused was a flight risk during the investigation or the trial, he would have been arrested during the investigation. “There is an inherent contradiction in the stand taken by the CBI. On the one hand, CBl claims that the LOC was issued as the applicant was a flight risk, and in contradiction to that, the accused was not arrested during the investigation and chargesheet was filed without an arrest,” the court said.
The court further said that the CBI also did not explain what precautions or measures were taken during the investigation or at the time of filing the chargesheet to ensure the presence of the accused during the trial.
“Before issuance of LOC, the consequences on the rights of the affected person should have been foreseen. The fundamental rights of any person can not be curtailed without any procedure established by law,” the judge observed. The court also noted that the issuance of the LOC has caused Aakar a monetary loss of around Rs 3.8 lakh, as he missed his flight and was not allowed to board it.
“Apart from the monetary loss, the applicant (Aakar) had suffered mental harassment as he was not allowed to visit on the scheduled time,” the court pointed out. The court also said that the Director of CBI is expected to sensitise officials who are part of issuing LOCs, and added that the accountability of the concerned officials in this case should be fixed.
Aakar was scheduled to deliver lectures in three universities — Michigan University, Berkeley University and New York University. As he was about to catch his flight, he was stopped by the immigration officials in Bengaluru stating that the CBI had issued an LOC against him. A look out circular is issued by authorities to ensure an individual who is named in a case or is wanted by law enforcement agencies does not leave the country.
Responding to the court’s order, Aakar’s lawyer Tanveer Ahmed Mir said, “Aakar Patel is good to fly! The hon’ble judge has directed the CBI director to tender a written apology to Aakar Patel. This first of a kind in independent India and in the history of CBI. This order sends a strong message to law enforcement agencies and restores the faith of common people in the legal institutions.” (sic)
Aakar Patel is good to fly ! The hon’ble judge has directed the CBI director to tender a written apology to aakar Patel . This first of a kind in independent India and in the history of CBI . This order sends a strong message to law enforcement agencies and restores the faith… pic.twitter.com/WB5vbrfD8E
— Tanveer Ahmed Mir (@MirAhmedTanveer) April 7, 2022
(With PTI inputs)