The Central Bureau of Investigation on Wednesday challenged before the Delhi high court the trial court order directing the withdrawal of the lookout circular against Amnesty International India Board chair Aakar Patel in connection with a case for the alleged violation of the Foreign Contribution (Regulation) Act.
The investigating agency told the court that it was not against the relief granted to Patel and its grievance was directed towards the reasoning adopted by the trial court and apprehended that the same would be used against it in other cases.
”We are not upsetting the order in his (Patel’s) favour. We are aggrieved by the reasoning, not the final order,” said Additional Solicitor General SV Raju, appearing for the CBI before Justice Talwant Singh who recused from hearing the case and directed that the same be listed before another bench in May.
In its petition, the CBI has said that the trial court returned a finding that the investigating agency can take recourse to provisions of an LOC once an accused has absconded and such a view is ”plainly perverse”.
In the plea, which has assailed several other legal findings for the trial court, the CBI has argued that the trial court, as well as the magisterial court, completely misconstrued the scope and purpose of taking recourse to a look-out corner (LOC) notice.
”lt is submitted that a lookout corner notice is a lesser form of coercive action which an investigating agency can take to ensure that an accused is available to face the process of law. The order of the Ld ACMM (additional chief metropolitan magistrate) suggested that a lesser coercive measure like the opening of an LOC should not be resorted to without arresting an accused is completely wrong,” the petition stated.
”The fact that even a bank or a financial institution can take recourse to this process of LoC even without an FIR is sufficient indication to suggest that reasoning of the courts below is completely erroneous,” it added.
On April 16, the trial court upheld an order passed by the additional chief metropolitan magistrate directing the CBI to- withdraw the lookout circular against Amnesty International India Board chair Aakar Patel, saying the LOC is "bad in law" and "cannot sustain".
The trial court, while setting aside the direction to the CBI director to give a written apology to Patel for "lapses" on the part of his subordinate, had directed Patel not to leave the country without the magisterial court's permission.
The trial court had said that the LOC, which was issued in connection with a case for the alleged violation of the Foreign Contribution (Regulation) Act, was issued on the wrong interpretation of the law and not out of any malice or ill will, "hence, it is not a fit case to call for fixing the accountability of issuance of LOC".
The matter would be heard next on May 13.
