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A special court has upheld a trial court’s order asking CBI to withdraw look out circular (LoC) was issued against former Amnesty International India chief Aakar Patel, noting that the LOC issued was based on “misinterpretation and understanding of the law”, and cautioned the agency saying that the CBI’s power “An unbridled power to investigate and prosecute is not”.
Special Judge Santosh Snehi Mann, in an order passed on Saturday, also set aside the trial court’s order asking the CBI director to apologize to Patel. The CBI had issued the LoC against Amnesty International India in 2019 in connection with a case registered under the Foreign Contribution (Regulation) Act. At that time, Patel headed the organization.
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Patel was twice prevented from leaving the country as he was on his way to America to deliver lectures at various universities. Justice Mann asked Patel to appear in the trial court and furnish surety for production and not to leave the country without the permission of the trial court.
The judge also observed that “the manner in which the LOC has been issued shows the lack of understanding of the relevant law, and hence the need for orientation of the concerned officers of the CBI to not only sensitize but also bring about fairness in the works”. Not out of context”.
“The LoC issued against the respondent is bad in law, hence cannot be maintained. There is nothing wrong in the order of the lower court to set aside/cancel the LoC and it is a well thought out order based on the principles of law.
However, it was emphasized, “Although a balance should have been made for the prosecuting agency that the respondent accused can flee from the country and the fundamental right of the respondent accused to travel abroad, by invoking Section 88 Cr. which empowers the trial court to take bond for production.”
The judge said the trial court’s observations “are not in the nature of exercising the power of superintendence, they are out of concern and the petitioner (CBI) is expected to take them in the right spirit”.
It said the CBI’s “power to investigate and prosecute is not an unbridled power”.
“In obvious cases of action taken excesses, the need for fixing accountability may arise. In the present case, the LOC was issued on misinterpretation and understanding of the law and not out of malice or malice. Therefore, it is not a proper case to demand fixation of accountability for issuance of LoC.
Dealing with the directions of the trial court to the CBI director to submit his general observations on a written apology and monetary compensation, the judge observed that “it is an established legal proposition that the trial court shall compensate for the excesses and illegal acts of the police.” Can take steps when fundamental rights of the state are violated.”
On the lower court’s order that Patel can approach the appropriate forum for seeking monetary compensation, the judge said it was not out of context, though whether Patel would get the compensation or not, it was a matter of hearing before a court of competent jurisdiction. subject is.
The trial court had relied on a judgment named Prempal Singh asking the CBI director to apologise. In this case, a court had found that an accused was falsely implicated in a rape case, for which the police officers were asked to apologize after the verdict.
Justice Mann said the judgment was passed after the matter was finalized and hence the judgment could not be enforced in the order of the trial court.
After the trial court discussed the mental harassment suffered by Patel due to the issuance of LOC by the CBI, the judge ruled that since the determination of compensation was not a subject before the trial court, “there was no scope to venture into this aspect”. ..”
The court observed that Patel had joined the investigation whenever called for and it was not the case of the CBI that the accused either tried to obstruct the investigation or tampered with the evidence in any way.
It was noted that the investigation in this case was completed and a charge sheet was filed which was at the stage of consideration and the circumstances requiring opening of the LOC can arise only if the accused were to issue a non-bailable warrant or otherwise. However, he does not appear before the lower court. Coercive measures.
The CBI had argued that they had issued the LoC on the presumption that Patel was an influential person and was well-connected with institutions outside India, due to which he could evade the process of law and escape. To this the court said that this submission “has no force in law to support and maintain.”
“The subjective satisfaction of the IO for assessing the status of issuance of LOC should flow from the objective criteria laid down in the law,” the order read.
The court observed that the CBI’s apprehension that the accused would not appear before the trial court “could have been very well addressed by recourse to Section 170 CrPC (cases to be referred to magistrates, when evidence is sufficient)”. It said that the accused could have been produced before the trial court at the time of filing the charge sheet under this provision.
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