Don't apologise but withdraw lookout circular against Aakar Patel: Delhi court to CBI

Special CBI Judge Santosh Snehi Mann, however, set aside the direction issued to the CBI director to make a written apology to Patel for the agency's action.

New Delhi: A Delhi court on Saturday upheld the trial court order which directed the Central Bureau of Investigation (CBI) to immediately withdraw the lookout circular against former Amnesty International India Chief Aakar Patel. Special CBI Judge Santosh Snehi Mann, however, set aside the direction issued to the CBI director to make a written apology to Patel for the agency's action.

The court had reserved the verdict on April 12 and upheld the stay on the order of the Additional Metropolitan Magistrate to withdraw the lookout circular notice against Patel till the final order, as it had in the earlier hearing on April 8. The application against the return of the lookout circular notice of the Additional Chief Metropolitan Magistrate was filed by the CBI in the Sessions Court.

During the hearing on April 8, advocate Tanveer Ahmed Mir, appearing for Aakar Patel, had said that despite the court's order, Patel was again prevented from going abroad on the night of April 7. He further said that investigating officer Himanshu Bahuguna was also present in the court when the order to withdraw the lookout circular notice was issued. Moreover, he also claimed that the investigating officer switched off his phone, exhibiting behaviour that is a 'violation of the fundamental rights.

The case dates back to April 7, when the Additional Chief Metropolitan Magistrate Pawan Kumar had directed the CBI Director that the subordinate officers had committed a mistake in issuing the lookout circular against Patel and hence the CBI Director should apologize in writing citing this. Adding that the power to issue lookout circulars should not be exercised in an arbitrary manner, the Additional Chief Metropolitan Magistrate expected the CBI Director to sensitize the subordinate officers who had issued the lookout circular. The responsibility of those officers should also be fixed, he had ordered.

The CBI had issued a lookout circular notice against Patel against Amnesty International India for "violating" the provisions of FCRA. A BJP MLA Purneshbhai Ishwarbhai Modi had filed a complaint against Patel in a lower court in Surat.