New Delhi: The Sessions Court of Delhi's Rouse Avenue Court on Wednesday deferred the decision on a petition filed by the CBI challenging the order to withdraw the lookout circular notice against former Amnesty International India chief Aakar Patel. A Special Judge bench headed by Santosh Snehi Mann said that the pronouncement of the verdict will be given on April 16.
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, Aakar Patel was again prevented from going abroad on the night of April 7. He further alleged 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 behavior that is a 'violation of the fundamental rights.
Meanwhile, advocate Nikhil Goyal, appearing for the CBI, said that the order of the Additional Metropolitan Magistrate is erroneous. "In this order, some of the issued guidelines have nothing to do with the case. One case against Aakar Patel is going on in Gujarat while another case is going on in Bangalore," Goyal said while referring to the decision by Sumer Singh Salkin. Further clarifying that the charge sheet was filed on December 31, he informed that the lookout circular was also issued on the same day.
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.
On February 19, a Surat court had ordered Akar Patel to give a passport, thus allowing him to go abroad. The CBI had meanwhile 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 the lower court of Surat.
Also read: CBI seeks revision of order that set aside lookout circular against Aakar Patel
