Thread by @barandbench

A Delhi Court will hear response of Central Bureau of Investigation (CBI) to the plea of former Amnesty International, India chair Aakar Patel, who seeks suspension of a Look Out of Circular of CBI and permission to travel to the US.

@Aakar__Patel #CBI #Amnestyinternational

On Wednesday, Rouse Avenue Court in Delhi sought response of the CBI on the plea of Aakar Patel.

@Aakar__Patel #CBI #Amnestyinternational

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Advocate Tanveer Ahmed Mir representing Patel present.
Matter called out

#AakarPatel #CBI #Airport

Mir: My client (Patel) has joined through VC

@Aakar__Patel #AakarPatel #CBI

Mir: Yesterday also he had joined but he said it was not audible.

Court checks with Patel. He responds.

#AakarPatel #CBI

Mir: your honour may peruse the reply by CBI.

Mir points to Paras.

"These are nothing but a mere rhetoric".

#CBI #AakarPatel

Mir: It is nothing but a facade.
[reads from reply]: "Influential person, there was a probability of him leaving country"

#AakarPatel #CBI

Mir: opening LOC is in blatant violation of Sumer Singh case.

#AakarPatel #CBI

Mir: Not like high ranking officer or SI is not aware of Sumer Singh, Vikas Chaudhary (cases).

#CBI #law #AakarPatel

Mir: Now for IO to say that we opened an "LOC to thwart any attempt"... If in the estimation of agency there is a propensity on behalf of accused there are remedies under CrPC.

#AakarPatel #CBI #law

Mir: Prior to a person being arrested there is a checks and balances between the IO and the accused

#law #CBI #AakarPatel

Mir: For his speculative understanding (para 11) what he could have done is that called my client to court.

#AakarPatel #law #CBI

Mir: .... To at least let him know that we have a LOC... What Mr Bahuguna has done is put me in a direct prejudice of Rs3.87 lakh yesterday.

#AakarPatel #CBI #law

Mir: Citizens rights can't be railroaded like this. It is time that we send a suitable reply to the law enforcement agencies and society.

#law #AakarPatel #CBI

Mir: I would request that Mr Bahuguna (IO) pays Rs 3.87 lakh from his salary to my client.

#AakarPatel #law #CBI

Mir: Blatant violation of court, procedure, ethics, morality and legal obligation as a public officer and a police officer.

#AakarPatel #CBI #law

Mir: What matters is what you do – fair, reasonable and procedurally sustainable. Question will arise once he files a chargesheet and doesn't ask the accused to appear, means that he is not concerned with me.

#AakarPatel #CBI #law #Amnesty #Amnestyinternational

Mir: please ask him (IO), in his case diary, from filing of FIR till date, has he got any substantial evidence which necessitated him to him to say loc must be opened?

#AakarPatel #law #CBI #Amnestyinternational #Amnesty

Mir: Aakar Patel's loc tantamounts to his persecution.
Mir now cites #RanaAyyub case

#AakarPatel #law #CBI @Aakar__Patel @RanaAyyub

Mir: Your honor the fundamental rights which are guaranteed under Article 19 and 21 are not to be trampled down, railroaded with a sense of impunity.
An appropriate case to send a suitable reply to the IO but society at large

#AakarPatel #CBI #law

Mir: ... and best mechanism is to adopt the IO, who promulgates the loc, to pay the money from his pocket.

CBI Counsel: Initially Aakar Patel was not the accused.

Court: They are challenging the loc not cognisance.

#law #CBI #AakarPatel

Court: Question is what was the necessity to open the loc. Today we are not arguing on merits. We're on the point whether the loc is justified or not.

#law #AakarPatel #CBI #Amnestyinternational #Amnesty

CBI officer addresses court: SP writes to IB (for LoC) after talking approval of competent authority. 31st December we sent request (SP) to MHA for opening LOC.

#CBI #law #AakarPatel

Court: Can you tell me the reason.

CBI officer: Chargesheet was filed without arrest. In anticipation that he being an influential person and him fleeing from justice, we moved this application.

#law #AakarPatel #CBI

CBI officer informs initially in the FIR he wasn't named as an accused.

Court: Did you issue notice during investigation?

#law #CBI #AakarPatel

Officer: Once I issued, he was busy. Again I issued then he joined the investigation.

Court: Any other notice?

Officer: I issued him a letter to submit some documents.

#law #CBI #AakarPatel

Court: Did he comply?

Officer: No sir. We proceeded without documents.

Court: Did you take any coercive action?

Officer: No sir!

Court: Can I infer that those docs were not completely necessary?

#law #AakarPatel #CBI

Officer: Not completely necessary.

Court to CBI Counsel: Counsel has relied on many judgements, circulars of MHA, anything on that?

#law #CBI #AakarPatel

Court: It was you who initiated this process. I want to know "LoC start kaise hoti hai?"

Officer: Collective decision ... He is very well connected.

#law #LoC #CBI #AakarPatel #Amnesty #Amnestyinternational

Court: had he been a flight risk, he would have been arrested? He could have run away ... If he is a flight risk, he was a flight risk during investigation ... You could have taken surety.

#law #AakarPatel #CBI

Court: Aapko lagta hai chargesheet karna hai toh surety toh loge?

#law #CBI #AakarPatel

Court: I want to know the detailed reasons.

Officer: We don't have to give detailed reasons. There is a performa we give.

Mir [Patel's counsel] rebuts: cites Vikas Chaudhary vs Union of India

#law #CBI #AakarPatel

Mir: pre-formatted performa basis doesn't work. The pre formatted passport no, photo, etc, what is the worthy material with IO that Aakar Patel falls in an exceptional case?

#law #CBI #AakarPatel

Mir: MHA can't be saddled with the responsibility. You were the investigating authority ... How departure of Aakar Patel – being invited by Michigan University, Berkeley University – be detrimental to integrity, sovereignty of the country?

#MHA #CBI #law #AakarPatel #Amnesty

Mir: IO committed 2 egregious errors – he filed chargesheet without seeking sanction. He also violates his own CBI manual.

#CBI #law #AakarPatel

Mir: Today they have burdened the court with chargesheet. Dates will be given. This is like putting the cart before the horse ... How your honour they breach the CBI manual and ethics of investigation?

#law #CBI #AakarPatel

Mir: They are in breach of facts, investigation, breach of OMs and every judgment passed by the Delhi High Court.

#law #CBI #AakarPatel #delhihighcourt

Mir: Why not these 4 officers be called upon to take consequences and terms? ... There are many institutions – Delhi Police widow find, Mediation center. though it is a loss to me. I should be compensated.

#law #AakarPatel #CBI

CBI Counsel: No provision to tell accused that LOC has been issued. Rs 26 crore is involved and the person is highly influential.

Court: Did you take any steps that conditions be imposed that his movements be restricted outside India?

#law #AakarPatel #CBI

CBI Counsel: That's why LOC.

Court reserves order for 4pm today.

#CBI #LOC #AakarPatel #Amnesty #Amnestyinternational

[BREAKING] Delhi court order at 4 pm today on Aakar Patel plea for permission to travel to US, quashing LOC

report by @thereal_aamirk

#AakarPatel #Amnestyinternational @Aakar__Patel

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