In relief for former Amnesty International India chair Aakar Patel, a Delhi court today ordered the Central Bureau of Investigation (CBI) to withdraw its Look Out Circular (LOC) issued against him in a Foreign Contribution (Regulation) Act case. The court also asked the CBI to file a compliance report in relation to the case.
Aakar Patel had approached the court after he was stopped by immigration authorities at the Bengaluru airport from flying to the United States yesterday. Patel claimed that he was put on the no-fly list following the Look Out Circular. Earlier today, the CBI informed the Court that the LOC was issued against Patel since he was an influential person and there was a chance of him fleeing from justice.
The case is related to evasion of Foreign Contribution Regulation Rules (FCRA Rules) through commercial methods after Amnesty UK, remitted Rs 10 crore and subsequently Rs 26 crore to its Indian entities without the approval of the Ministry of Home Affairs (MHA). The CBI also informed the court that the request for the opening of the LOC was sent to the Ministry of Home Affairs on December 31.
The CBI contended that Patel was the key person in Amnesty India holding negotiations with M/s Amnesty, UK and was looking after the day-to-day affairs of the company. The CBI also filed a chargesheet against Patel and Amnesty International India under the FCRA provisions but informed the court that a requisite sanction from the central government was awaited. It said that the court can take cognisance of the chargesheet only after the sanction is received from the Centre.
The court rejected CBI’s contention while saying that had Patel been a flight risk, he could have been arrested, or the CBI could have taken surety during the investigation. Additional Chief Metropolitan Magistrate Pawan Kumar also asked the CBI to give a detailed reason for the issuance of the LOC.
When the CBI said that they have a fixed performa for this, Patel’s counsel asked about the worthy material with investigating officer that makes Aakar Patel fall under an exceptional case.
“Citizens rights can’t be railroaded like this. It is time that we send a suitable reply to the law enforcement agencies and society,” submitted Patel’s counsel. He argued that the IO violated CBI’s rule when it opened the LOC. He added that the IO committed two egregious errors, he filed chargesheet without seeking sanction and also violated his own CBI manual, reported Bar and Bench.
Patel had earlier said that he was scheduled to visit a number of institutions in the US to deliver lectures. He also claimed that his passport had been released to him in another case in Gujarat.
