[Breaking] Aakar Patel files contempt plea against CBI after being stopped at airport despite order to withdraw LOC

Former Amnesty International India chair Aakar Patel has filed a contempt application before the Rouse Avenue Court in Delhi alleging that the Central Bureau of Investigation (CBI) has not complied with the Court's April 7 order directing the agency to withdraw the Look Out Circular (LOC) issued against him..Patel had earlier approached the Delhi court after he was stopped at Bengaluru Airport on April 6 from boarding a flight to the United States, where he was slated to deliver a lecture.Additional Chief Metropolitan Magistrate Pawan Kumar had on Thursday set aside the LOC against Patel and also urged the CBI Director to send a written apology to Patel with the aim of restoring public confidence in the central agency. .Patel took to Twitter late on Thursday night, claiming that he was stopped at immigration again despite the Court's order to recall the LOC.The contempt plea said that airport immigration tried to confirm the order from the CBI's investigating officer, but the IO's phone was switched off."On account of deliberate disobedience by the IO Himanshu Bahuguna, the applicant was not allowed to board the flight and yet again the became a victim of illegal act of the respondent agency in not complying with the order of the Court," the plea said..The case against Patel pertains to evasion of Foreign Contribution Regulation Rules (FCRA Rules) through "commercial" methods after Amnesty UK remitted ₹10 crore and subsequently ₹26 crore to its India entities without the approval of the Union Ministry of Home Affairs (MHA)..Patel, according to his main plea, was stopped from boarding a British Airways flight, scheduled to depart at around 6:50 am on Wednesday. He was told about an LOC being issued against him by the CBI.“The applicant suffered the value of his tickets and his immediate program as well on account of the arbitrary and absolute illegal actions on part of the investigating authorities,” the plea said..The CBI, however, argued that the LOC was issued against Patel since he was an influential person and there was a chance of him fleeing from justice..On Thursday, the Additional CMM held, "Court is of the considered view that the LOC is liable to be set aside, therefore, the CBI is directed to withdraw/recall the LOC issued against the accused immediately. The CBI is directed to take appropriate action and give intimation to the authority concerned.".The order also said that apart from the monetary loss, the applicant had suffered mental harassment as he was not allowed to travel."This court is of the considered opinion that in this case, a written apology from the head of the CBI i.e. Director CBI acknowledging the lapse on the part of his subordinate to the applicant would go a long way in not only healing the wounds of the applicant but also upholding the trust and confidence of the public in the premier institution," the order stated.The CBI was also asked to file a compliance report in relation to the case.The order further pointed out that apparently, the LOC in the present case was issued in violation of the guidelines laid down by the Delhi High Court and an office memorandum of the Ministry concerned..After getting relief from the Court, Patel had then booked tickets once again for his wife and himself to travel to the US, before he was stopped at the airport for a second time.

[Breaking] Aakar Patel files contempt plea against CBI after being stopped at airport despite order to withdraw LOC

Bar & Bench

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