Delhi court stays order directing withdrawal of Look Out circular against Aakar Patel

Court asks Patel to seek Court’s permission before leaving the country

Aakar patel

In a shocking development in the matter pertaining to a Look Out circular issued against Aakar Patel, just days after a Delhi court had granted the former chief of Amnesty International’s erstwhile India unit relief after he was prevented from flying abroad, the court has now stayed the order to withdraw the said circular.

On April 12, 2022, the Rouse Avenue Court of Delhi reserved the order in connection with the plea filed by the Central Bureau of Investigation (CBI) seeking revision of the trial court’s order directing CBI to withdraw the Look Out circular against Aakar Patel. Special CBI Judge Santosh Snehi Mann of the Delhi Court seemed to be convinced with the submissions made by the CBI counsel while staying the impugned order pending the decision of the revision petition.

With respect to this revision petition, on April 8, 2022, the Delhi Court had granted interim relief to CBI by directing Mr. Aakar Patel not to leave the country without court’s permission.

Brief background of the case

Trouble began for Patel when he was prevented from flying abroad and informed that this was due to a Look Out circular issued against him. Patel challenged this and on April 7, 2022, Additional Chief Metropolitan Magistrate Pawan Kumar, while granting relief to Patel, directed the CBI to immediately withdraw the said Circular and also ordered the Director of CBI to tender a written apology to Patel. It had directed the CBI to file a compliance report regarding the same.

However, despite court orders, Patel was again stopped at the immigration of Bengaluru International Airport with respect to the same Circular that was ordered to be withdrawn by the trial court.

The trial court had noted the monetary loss of Rs. 3.8 lac (approximately) suffered by Patel and granted him the liberty to approach the Court or other forum for the compensation. However, now that Patel missed another flight due to the agency, he has claimed an additional loss of 5.6 lac and filed a contempt petition against the agency for not following court orders. According to LiveLaw, the contempt petition is scheduled to be heard tomorrow at 2 PM.

Patel had approached the court to seek directions to the CBI for withdrawal of the said Look Out Circular and to seek permission to travel to the United States of America till May 30, 2022 to take up his assignment and lecture series. However, he was stopped from boarding a flight to the US at Bengaluru airport on April 7, 2022. He claimed that the impugned action was taken despite a Gujarat court’s order granting him permission “specifically for this trip”. 

He is facing prosecution before the court of Sixth Additional District & Sessions Judge Surat, Gujarat in a private complaint lodged by a BJP legislator in Gujarat by the name of Purneshbhai Ishwarbhai Modi. Vide order dated February 19, the Court permitted him to travel abroad and accordingly his passport was released for a period March 3 to May 30, 2022. 

The CBI purportedly stopped him from leaving the country on the basis of a Look Out Notice issued in connection with a case registered by the agency against Amnesty International India for alleged FCRA violations. Patel has stated that he is not a named accused in the said FIR and was given a notice under Section 160 CrPC only once for appearance on December 24, 2020, which he complied with. Thereafter, he claims that he has never been called by the CBI authorities. 

Today, the Delhi court reserved the order on the revision petition filed by the CBI which is likely to be pronounced at a later date.

Related:

Aakar Patel granted relief, free to travel, CBI ordered to withdraw Look out Circular

 

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