Thread by @barandbench

A Special CBI Court to shortly start hearing the revision plea of the CBI against the order of a Magistrate asking the agency to withdraw its look out circular against Aakar Patel in a FCRA case.

@Aakar__Patel #FCRA #CBI

Advocate Tanveer Ahmed Mir, representing Patel, present in court.

@MirAhmedTanveer
@Aakar__Patel #FCRA #CBI

Hearing to take place before Special CBI Judge Santosh Snehi Mann at Rouse Avenue Courts.

@Aakar__Patel #FCRA #CBI

Court presides

@Aakar__Patel #FCRA #CBI

CBI Counsel: I have just received the file. I need some time.

@Aakar__Patel #FCRA #CBI

Court to Mir: Are you in notice.
Mir: I'm just here by abundant caution.

@Aakar__Patel #FCRA #CBI

Mir requests Court for having a VC on so that @Aakar__Patel can attend the hearing from Bangalore.

@Aakar__Patel #FCRA #CBI

Mir now mentions a contempt plea before Additional Chief Metropolitan Magistrate Dharmender Singh.

@Aakar__Patel #FCRA #CBI

Mir says his client #AakarPatel suffered a loss of Rs 6 lakh after he was stopped by the authorities again when he tried to leave for the US.

@Aakar__Patel #FCRA #CBI

Judge Singh is the link judge to Judge Pawan Kumar who passed the order for withdrawal of LOC. Court to take up the contempt plea at 1pm.

@Aakar__Patel #FCRA #CBI

Mir starts arguing the contempt plea before Judge Dharmender Singh.

@Aakar__Patel #FCRA #CBI

Mir is giving a background of the case.

@Aakar__Patel #FCRA #CBI

Mir: The LOC, which was initiated was cancelled.

@Aakar__Patel #FCRA #CBI

Mir: The word used was 'immediately'. Reads further from the order of Judge Kumar.

@Aakar__Patel #FCRA #CBI

Mir: When this order was pronounced in court we were present. The IO Mr Bahuguna was also present.

@Aakar__Patel #FCRA #CBI

Mir: At 12.30 he was board the flight again. Court had said at least what was expected that the IO would co-operate.
@Aakar__Patel #FCRA #CBI

Mir: Immigration informed that they had received no information from CBI regarding withdrawal of LOC. When we tried to call the investigating officer ( IO) he deliberately switched off his phone.

@Aakar__Patel #FCRA #CBI

Mir:not only did the IO switch off his phone, but we ran helter skelter.

@Aakar__Patel #CBI #FCRA

Mir: This is blatant, atrocious, unpardonable act of contempt. How dare you switch off your phone.

@Aakar__Patel #CBI #FCRA

Mir: Time and again you could have moved District Judge and asked for hearing. Court is there your honour. It's is open even at 2am. Courts doors can be knocked any time.

@Aakar__Patel #CBI #FCRA

Mir: Today there is a revision filed. I am aggrieved that the conduct of the CBI has led to a loss of Rs 6 lakh now.

@Aakar__Patel #CBI #FCRA

Mir: When this order was passed, the prosecutor could have mentioned to judge Kumar that we want to challenge the order. 'Aap ye kehne me saksham the, aapne nahi kaha'. Many times a plea is dismissed and there is an extension for challenging the order.

@Aakar__Patel #CBI #FCRA

CBI Counsel: We got the order at 5.30 pm. It is premature for my learners friend to say that then and there.

@Aakar__Patel #CBI #FCRA

Mir: Order was passed at 4.45pm and IO was present.

@Aakar__Patel #CBI #FCRA

CBI Counsel raises question on maintainability of the contempt plea before the Court.

@Aakar__Patel #CBI #FCRA

CBI Counsel: we also needed time for compliance of the order. It says till 4pm.

Court: Compliance ke liye toh immediately kaha tha. Kaise aana kaani kar sakte hain aap.

@Aakar__Patel #CBI #FCRA

CBI Counsel: Getting tickets was suo motu decision on the part of #AakarPatel

Mir: Should I ask you and book then?

@Aakar__Patel #CBI #FCRA

Mir: LOC is initiated at the behest of investigating authority. That's why order said you do it and asked for compliance.

@Aakar__Patel #CBI #FCRA

Mir urges Court to summon IO. They should say if they're filing the compliance or not by 4pm.

CBI Counsel: Nahi kar rahe nahi karenge. We have filed a revision.

@Aakar__Patel #CBI #FCRA

Contempt hearing to continue at 4pm

@Aakar__Patel #CBI #FCRA

Special CBI Court Judge Santosh Snehi Mann to start hearing the revision petition of the CBI in the FCRA case against #AakarPatel shortly.

@Aakar__Patel #CBI #FCRA

CBI to represented by advocate Nikhil Goel

@Aakar__Patel #CBI #FCRA

Court presides

@Aakar__Patel #CBI #FCRA

Court asks Mir to take notes if he's present in court.

@Aakar__Patel #CBI #FCRA

Goel: We are here to bother my lord for an order of learned ACMM.

We have two grouses – our right to issue LOC interfered with. ACMM made remarks and observations against the agency which were unwarranted and should be quashed.

@Aakar__Patel #CBI #FCRA

Goel: Certain directions issued which were not prayed for and do not concern the case.

@Aakar__Patel #CBI #FCRA

Goel: He (Aakar Patel) is facing one more FIR in Gujarat and one more FIR in Bangalore.

@Aakar__Patel #CBI #FCRA

Goel: Respondent was stopped from traveling on April 6. He had to deliver two lectures - Michigan and California. There is two findings (of ACMM).

@Aakar__Patel #CBI #FCRA

Court: so your first plea is that LOC has been erroneously quashed and second is about observations in the order.

@Aakar__Patel #CBI #FCRA

Court: Main grievance appears to be against the observations.

Goel: That's the main ground.

@Aakar__Patel #CBI #FCRA

Goel: Court gave essentially 3 reasons on merits. Reads.

@Aakar__Patel #CBI #FCRA

Goel: Judge seems to suggest that he is not arrested during investigation loc as a rule cannot be issued.

@Aakar__Patel #CBI #FCRA

Court: There are certain judgements cited in the impugned order.

@Aakar__Patel #CBI #FCRA

Goel: The OM (Officer Memorandum) considers the order passed by the Delhi HC. Sumer Singh Salkan case.

@Aakar__Patel #CBI #FCRA

Goel: I'm not on the trial court to quash it. Certainly they have the power to quash it.

@Aakar__Patel #CBI #FCRA

Goel: Court trial seems to suggest no arrest so no question of arrest. That's reason number 1.

@Aakar__Patel #CBI #FCRA

Goel: Why this reason is incorrect – chargesheet was filed December 31 2021 and loc was issued same day. Chargesheet is under FCRA provision.

@Aakar__Patel #CBI #FCRA

Goel cites section 40 saying no court shall take cognisance without sanction.

@Aakar__Patel #CBI #FCRA

Goel:just because to say I have not arrested somebody and that no loc can be issued is against the basic purpose of issuing loc.

@Aakar__Patel #CBI #FCRA

Goel: this is a situation where there is a gap between end of investigation and beginning of procedure before court.

Goel:application said that we have filed chargesheet and we called him to join investigation. There was no material to say that someone was biased without which the finding shouldn't have come.

@Aakar__Patel #CBI #FCRA

Goel: To say that we did it deliberately because there are provisions under CrPC to call someone for investigation.
@Aakar__Patel #CBI #FCRA

Goel: another attempt to leave the country. Without giving us the opportunity to approach the court.

@Aakar__Patel #CBI #FCRA

Mir: He was stopped yesterday again. The IO was there. We made a submission that we will be leaving at midnight.

@Aakar__Patel #CBI #FCRA

Mir: We ran helter skelter. The IO deliberately switched off his phone.

Court: There has to be reasonable time to a party who feels that the order isn't favorable to approach the authorities immediately.

@Aakar__Patel #CBI #FCRA

Goel: Please take judicial notice of judgment in Sunil Tyagi

@Aakar__Patel #CBI #FCRA

Goel: This pertains to humongous number of people who don't turn up for trial.

@Aakar__Patel #CBI #FCRA

Goel points to two letters of invitation: First he made a lot of noise about Rs 3.87 lakhs expense.

@Aakar__Patel #CBI #FCRA

Goel: Trial judge completely missed section 40 for the purpose of the LoC. Another part is really scathing.

@Aakar__Patel #CBI #FCRA

Goel reads court's yesterday's order observations including fundamental rights.

@Aakar__Patel #CBI #FCRA

Goel: court can say loc is good loc is bad and stop there.

@Aakar__Patel #CBI #FCRA

Goel refers to observations of ACMM court where it asked CBI director to sensitise subordinate officers on issuance of LOC.

@Aakar__Patel #CBI #FCRA

Court: What is the urgency

Goel: Urgency is two fold. One is contempt and attempt to leave. We have a compliance by 4pm.

@Aakar__Patel #CBI #FCRA

Goel: Court could have quashed. Court said you withdraw it. It did not say I'm quashing it here and now. It has that powers.

@Aakar__Patel #CBI #FCRA

Court to Mir: I have to ensure that your client doesn't do any misadventures. He can't leave.

@Aakar__Patel #CBI #FCRA

Court dictates order.

@Aakar__Patel #CBI #FCRA

Order: Petitioner agency has challenged the impugned order on merits wrt setting aside of loc and certain observations made.

@Aakar__Patel #CBI #FCRA

Order: Urgency is pressed by prosecutor submitting that there is directions for time bound compliance for a report by 4pm today.

@Aakar__Patel #CBI #FCRA

Order: Due opportunity be given to respondent to file a reply if any. In the meantime, it is necessary that the cause is not frustrated.
@Aakar__Patel #CBI #FCRA

Order: During course of argument it was submitted that since loc was quashed there was no violation of court order.

@Aakar__Patel #CBI #FCRA

Order: Stay of operation of the impugned order vis a vis directions to cbi director for compliance wrt observations made in the later part of impugned order especially wrt to written apology.

@Aakar__Patel #CBI #FCRA

Order: This is also wrt to the condition that the respondent will not leave the country without permission of this court.

@Aakar__Patel #CBI #FCRA

Court to hear the matter on April 12 now.

@Aakar__Patel #FCRA #CBI