A Delhi court on Saturday, 16 April, upheld a previous order directing the Central Bureau of Investigation (CBI) to withdraw its Look Out circular (LOC) against Amnesty India Chair Aakar Patel.
The court, however, set aside directions given by the trial court to fix accountability of the CBI officials for the issuance of the LOC, as well as to the CBI director to tender a written apology to Patel for agency's action against him.
Further, Special CBI Judge Santosh Snehi Mann added that it was upholding the order as long as Patel meets two conditions:
That he should appear before the trial court within seven days
That he will not leave the country without obtaining prior permission from the court
"In this case, the manner in which LOC has been issued by the CBI shows lack of understanding of the relevant law, and hence need for orientation of the concerned officers of CBI, not only for sensitisation but also to bring objectivity in the actions, is not out of context. These observations of the Trial Court are not of the nature of exercising power of superintendence, they are out of concern and the petitioner is expected to take them in the right spirit."Special CBI court order
In its order on Saturday, the court also observed that since "determination of the compensation was not a subject matter before the trial court, there was no scope to venture into the aspect of mental harassment”.
Besides ordering the CBI to lift the LOC against Patel, the trial court had, on 7 April, asked the CBI director to tender an apology to Patel, having noted that "apart from the monetary loss, the applicant had suffered mental harassment".
CBI Doesn't Have Unbridled Powers: Court
The court also asserted that the CBI's power of investigation and prosecution was not unbridled, and if there is a case of evident excesses committed by the central agency, accountability may have to be fixed.
"In the present case, LOC was issued on wrong interpretation and understanding of law, and not out of any malice or ill will. Hence, it is not a fit case to call for fixing the accountability for issuance of LOC," the court, however, said.
Background
Aakar Patel was stopped from leaving India at the Bengaluru Airport on 6 April after an LOC was issued against him by the CBI.
"CBI officer called to say I am on the Look Out Circular because of the case Modi govt has filed against Amnesty International India," Patel had tweeted shortly after he was stopped from leaving. Claiming that he had been put on the exit control list, he said, "Got passport back through court order specifically for this trip to the US."
Patel had then moved a Delhi court seeking directions to the CBI for the withdrawal of the LOC against him.
However, hours after a Delhi Court had directed the CBI to withdraw the Look Out Circular issued against him, Patel was stopped yet again by the immigration authorities at Bengaluru airport from boarding his flight to the US on 7 April.
Subsequently, the CBI had filed a revision petition challenging the trial court order, and on 12 April, the special CBI judge had, reserved his order in the same. The court also had, however, at that point, stayed the full operation of the ACMM’s order.
(With inputs from LiveLaw.)
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