Aakar Patel case: Why CBI director was asked to apologise... What did the court say?

Additional Chief Metropolitan Magistrate Pawan Kumar of the Rouse Avenue court considered the mental harassment of former Amnesty International India chief Aakar Patel who was not allowed to visit on the scheduled time directed the CBI director issue a written apology.

Hyderabad:A Delhi court while granting relief to journalist and writer Aakar Patel directed the Central Bureau of Investigation (CBI) director Subodh Kumar Jaiswal to tender a written apology for the mental agony the agency had caused to the former Amnesty International India chief besides orderingthe withdrawal of the Look Out Notice (LOC).

"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," the Court said while issuing a set of directions to the CBI.

Additional Chief Metropolitan Magistrate Pawan Kumar of the Rouse Avenue court who was hearing the plea said the counsel for Patel who has sought compensation for the loss caused by the action of the investigating agency can approach the appropriate forum for compensation for the loss caused to him.

"However, word compensation is a generic term and can not be restricted to monetary compensation only. In the case at hand, apart from the monetary loss, the applicant had suffered mental harassment as he was not allowed to visit on the scheduled time," the judge said in the order. The court pegged the monetary loss at around Rs.3.8 lac as Patel was not allowed to board the flight citing the LOC pending against him.

Considering the correctness of the CBI in maintaining discretion, the Court said the investigation agency can exercise discretion and the same cannot be exercised arbitrarily without any justifiable reasons or grounds. "In the present scenario, the Director, CBI is expected to sensitize the officials who are part of the issuance of LOC. It is further expected that accountability of the concerned officials, in this case, be fixed," Kumar 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…(sic)," counsel of Patel Tanveer Ahmed Mir wrote on Twitter with an image of the order copy and also tagged Patel in another tweet.

Patel in his reply said: thank you for your terrific work. This is you. Patel is slated to address a conference at the University of Michigan on Friday 11 am (US Eastern Time). He is one of the panellists participating in the "Comedy and Power" session. His topic is "Using sarcasm to mobilise dissent in a nation where facts don't matter".