Ex-Amnesty India chair Aakar Patel can fly abroad, says Delhi court

New Delhi: A Delhi court on Saturday upheld an order directing the CBI to withdraw the lookout circular against Amnesty International India Board chair Aakar Patel.

Special 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 against him.

A magisterial court had on April 7 directed the probe agency to withdraw the LOC immediately and apologies to Patel, and file a compliance report by April 30.

Patel had approached the magisterial court submitting that he was stopped by immigration authorities at the Bangalore International Airport while boarding a flight to the US.

He had claimed that the action was taken despite an order by a Gujarat court granting him permission to travel abroad.

The CBI had issued the LOC in connection with a case registered against Amnesty International India in 2019 under the Foreign Contribution (Regulation) Act. At the time, Patel headed the organisation.

The judge also said that the "manner in which the LOC has been issued shows lack of understanding of the relevant law, and hence need for orientation of the concerned officers of the CBI, not only sensitisation but also to bring the objectivity in the actions is not out of context".

"LOC issued against the respondent is bad in law, hence cannot be sustained. Order of the trial court quashing/setting aside the LOC does not suffer from any infirmity and is a well reasoned order based on the principles of law," the court said.

It, however, stressed: "Though a balance should have been struck qua the prosecuting agency that the respondent accused may flee from the country and the fundamental right of the respondent accused to travel abroad, by putting conditions taking recourse to section 88 CrPC which empowers the trial court to take bond for appearance."

The judge said that the observations of the trial court are "not of the nature of exercising power of superintendence, they are out of concern and the petitioner (CBI) is expected to take them in the right spirit."

It said that the power of the CBI to "investigate and prosecute is not an unbridled power."