CBI opposes Aakar Patel's plea to revoke LOC, Court reserves order
Apr 07, 2022
New Delhi [India], April 7 : The Central Bureau of Investigation (CBI) on Thursday opposed the petition of Journalist and Human Rights Activist Aakar Patel against a Look Out Circular (LOC) issued against him in a case of an alleged violation of the Foreign Contributions Regulation Act (FCRA).
Additional Chief Metropolitan Magistrate Pawan Kumar of Rouse Avenue Court on Thursday while reserved the order after hearing submissions from the lawyers appearing for Patel and the CBI, said the court will pass the order today itself around 4 pm.
During the arguments, the CBI opposed the application saying that the chargesheet was filed without arrest and that the application was moved in anticipation that Patel will flee from justice, there was a likelihood of the accused fleeing from justice if he was allowed to leave the country.
Appearing for Aakaar Patel, advocate Tanveer Ahmed Mir submitted that Citizens' rights cannot be railroaded by an agency like this. The time has come that we should send a suitable reply to law enforcement/ agencies and society. He clearly said that the CBI concern Investigation officer is even failed to inform the applicant about the issuance of LOC against him. As a result, Patel was put to a direct prejudice and loss of about 3 lakhs 80 thousand which must be paid by the investigation officers to him from his salary.
Journalist and Human Right Activist Aakar Patel who was stopped at Bengaluru Airport on Wednesday moved the court to seek removal and withdrawal of LOC issued against him.
The petition stated that the applicant is in urgent need to travel as he has to deliver lectures on April 8 in the USA and therefore, it would be appropriate and in the interest of justice that whilst the present application is decided, this Court in the interim directs the respondents to suspend the LOC so that the applicant can travel to the USA for the pre-arranged program. Copy of the Invitation from various institutions based out of the USA.
Journalist and human rights activist Aakar Anil Patel on Wednesday stopped at the Bengaluru airport and was prevented from boarding a flight to the United States.
Patel said that he was prevented from travelling to the US despite a Gujarat court order granting him permission "specifically" for the said trip.
The former chief of Amnesty International India took to Twitter account, which is not verified, to tweet: "Stopped from leaving India at Bangalore airport. Am on the exit control list. Got passport back through court order specifically for this trip to the US."
Patel also shared a copy of his application for the passport to the court and tagged Prime Minister's Office. The Gujarat court's ruling shared by Patel showed that the judge had ordered his passport to be returned and allowed him to travel to the US between March 1 and May 30.
"CBI officer called to say I am on the Look-Out Circular because of the case Modi government has filed against Amnesty International India," Patel tweeted.
Notably, in September 2020, Patel was booked under Sections 153 A (Promoting enmity between different groups on grounds of religion, race, place of birth, residence), 295 A (Deliberate and malicious acts, intended to outrage religious feelings), spreading the fake message with the intent to incite, any class or community of persons to commit any offence against any other class or community under 505 (1) B, 505 (1) C, Defamation under Sections 499, and 500 of the Indian Penal Code for three of his tweets against Prime Minister Narendra Modi, Bharatiya Janata Party (BJP)-Rashtriya Swayamsevak Sangh (RSS), and Ghanchi caste.
In June 2020, an FIR was registered against Patel under Sections 117 (abetting commission of an offence by the public or by more than ten persons), 153 (wantonly giving provocation with intent to cause riot), and 505-1-B (intent to cause, or which is likely to cause, fear or alarm to the public, or to any section of the public) of the Indian Penal Code (IPC) at the JC Nagar police station over his controversial comments on social media under charges pertaining to provocation with intent to cause riots.