Thread by @barandbench

Special CBI Court will today continue to hear case of CBI challenging order that allowed Amnesty India's Aakar Patel to travel to the US by asking CBI to revoke the Look Out Circular in a Foreign Contributions Regulation Act violation case against him.

@Aakar__Patel #CBI

Special CBI Court previously stayed the order passed by a Magistrate where it asked the CBI Director to send a written apology to Patel and directed Aakar Patel not to leave country without its permission.

@Aakar__Patel #CBI

barandbench.com/news/cbi-court…

Advocate Tanveer Ahmed Mir represents Aakar Patel. Advocate Nikhil Goel appears for the CBI.

@Aakar__Patel @MirAhmedTanveer #CBI #FCRA

Special CBI Judge Santosh Snehi Mann to preside shortly.

@Aakar__Patel #CBI #FCRA

Mir: I have placed my reply on record.

@Aakar__Patel #CBI #FCRA

Goel: Between last hearing and today, sanction has been received and filed.

@Aakar__Patel #CBI #FCRA

Judge to Goel: What was the reason given for LOC?

@Aakar__Patel #CBI #FCRA

Goel: There are 4-5 patent reasons.

@Aakar__Patel #CBI #FCRA

Goel: there are 4-5 clear reasons and now that sanction has come, matter is kept tomorrow.

@Aakar__Patel #CBI #FCRA

Goel: My learned friend's client (Aakar Patel) is involved in a number of cases. In one his passport was with the court in Gujarat.

@Aakar__Patel #CBI #FCRA

Goel: I will demonstrate that ACMM is wrong – moment ACMM says provisions in code (CrPC) that will ensure his availability.

@Aakar__Patel #CBI #FCRA

Goel: ACMM rightly says provisions but that stage hasn't come.

@Aakar__Patel #CBI #FCRA

Goel: Second error is the reasoning. Merely because we haven't arrested someone during investigation..If ACMM is right then nobody should be allowed to open an LOC.

@Aakar__Patel #CBI #FCRA

Goel: Allegation is that the fund was used for commercial purposes. Allegation is that the money not only came from Amnesty UK.

@Aakar__Patel #CBI #FCRA

Goel: He (Aakar Patel) is giving newspaper interviews that govt of India has personal vendetta against him. Usually accused comes and says it is a media trial but here the situation is reverse. Because he is a media man.

@Aakar__Patel #CBI #FCRA

Goel: ACMM doesn't stop in the order. He directs CBI Director to sensitise subordinate officers.

@Aakar__Patel #CBI #fcra

Goel: ACMM says for you monetary compensation is not enough. There should be something more.

@Aakar__Patel #CBI #fcra

Goel refers to ACMM order on Aakar Patel suffering monetary loss and mental harassment. 'Where is the basis of the finding on the monetary loss?'

@Aakar__Patel #CBI #fcra

Goel: It is not our fault if he chooses to fly business class or first class.

@Aakar__Patel #CBI #fcra

Mir: I'll divide my arguments on LOC into three parts.

@Aakar__Patel #CBI #fcra

Mir: What's projected is i have 3 cases, 4 cases. I have a private complaint in Surat by a politician. After summons were issued i appeared and deposited my passport as a law abiding citizen.

@Aakar__Patel #CBI #fcra

Mir: FIR in this case lodged on Nov 5, 2019. IPC 120B and provisions of FCRA.

@Aakar__Patel #CBI #fcra

Mir cites Chidambaram's case. Whatever is above 7years is serious. Does CBI open LOCs in all 10,000 cases.

@Aakar__Patel #CBI #fcra

Mir: In this case he was called once went once. It was not like investigation was getting delayed. CrPC doesn't talk about LoC.

@Aakar__Patel #CBI #fcra

Mir: MHA is not a party before the Court. They open the LOCs at airports, etc.

@Aakar__Patel #CBI #fcra

Mir: During this time I traveled once to Bangladesh and came back.

@Aakar__Patel #CBI #fcra

Mir: Anybody who is at loss is the applicant. When I booked my tickets I booked from my own bank accounts.
@Aakar__Patel #CBI #fcra

Mir: My program is not only limited to tickets but booking hotel. It's a coordinated program. I'm sure govt officials also travel abroad and have a prior itinerary.

@Aakar__Patel #CBI #fcra

Mir: I and my wife are traveling by British Airways and we're stopped. We're told i have a loc opened. What he loses is Rs 3.87 lakh then and there.

@Aakar__Patel #CBI #fcra

@Aakar__Patel #CBI #fcra

Mir: It's not like I'm going to court with an intent of hammer and tongs.
@Aakar__Patel #CBI #fcra

Mir: what is irrefutably connected with the loc and filing of chargesheet the fact that it was filed with out the sanction under section 40 of FCRA

@Aakar__Patel #CBI #fcra

Mir: Why this sanction has come is because the case has become confabulated.

@Aakar__Patel #CBI #fcra

Mir: On merits no reasons (for opening of LOC) supplied that were called for by the ACMM. Finding no reasons were recorded, came an order.

@Aakar__Patel #CBI #fcra

Mir reads CBI's reply to his plea before ACMM court says ' well connected outside India'. Having chosen this language in the reply it was incumbent on prosecutor and CBI to show probability in understanding the estimation.

@Aakar__Patel #CBI #fcra

Mir: with such usage of language, you had to have material to show i had previously made attempts to flee India.

@Aakar__Patel #CBI #fcra

Mir: From your own case diary, reply, there is nothing to show that the applicant is a flight risk.

@Aakar__Patel #CBI #fcra

Mir: LOC hits me on the face against my fundamental rights ensured by courts.

@Aakar__Patel #CBI #fcra

Mir: I was not the the flight risk for 26 months during the investigation but I suddenly became a flight risk now.

@Aakar__Patel #CBI #fcra

Mir on aspect of apology: it is time to introduce consequential jurisprudence.

Court: What is consequential jurisprudence and what is consequential action needs to be seen? Court don't have mandate for disciplinary action unless it emanates from trial.

@Aakar__Patel #CBI

Mir: Your (CBI) LoC is December 31, 2021 – show material that justifies that loc.

@Aakar__Patel #CBI #fcra

Mir: Whether Aakar Patel falls in the dominion of exceptional case has to be established. Is he Vijay Mallya?

Court: That's not relevant.

Mir: on a lighter side.

@Aakar__Patel #CBI #fcra

Mir: What material is available to show my departure and me giving lecture in Michigan University, Berkeley, etc detrimental to unity, sovereignty of the country.

@Aakar__Patel #CBI #fcra

Mir: There has to be material for Mr Bahuguna to show that it will potentially bring harm to US India relations. Threat to economic and strategic relations? Don't think my learned friend wants to pitch his case on this threshold.

@Aakar__Patel #CBI #fcra

Mir: in chargesheet criminal offence under 120b (criminal conspiracy) has been dropped. I'm not the only accused. Corporate entity also accused.

Court: I'm aware

@Aakar__Patel #CBI #fcra

Mir: now to say cos we have filed a chargesheet that we have an apprehension that Mr Mir's client will leave.

@Aakar__Patel #CBI #fcra

Mir: Mr Patel was not running away on the night of 7th and again being subjected to a loss of Rs 6 lakh.

@Aakar__Patel #CBI #fcra

Mir reads ACMM order: Word is immediately... They were directed to intimate the bureau of immigration.

@Aakar__Patel #CBI #fcra

Mir citing ACMM order: second part was that CBI was asked to file a compliance on April 8. Order was not that you had to withdraw the loc till April 8 by 4pm..

@Aakar__Patel #CBI #fcra

Mir: You being there in the court you could have asked court to put in abeyance the order.

My agony is that my fundamental rights to travel abroad are being steamrolled.

@Aakar__Patel #CBI #fcra

Mir: How many time does HC require to tell agencies. See @RanaAyyub case.

Court sees her case.

@Aakar__Patel #CBI #fcra

Mir reads @RanaAyyub case.

Mir: Point before ACMM was how many times, how many miles a man has to walk to be called a man?

@Aakar__Patel #CBI #fcra

Mir: why should court of law not exercise consequences?

@Aakar__Patel #CBI #fcra

Mir cites recent Punjab and Haryana judgement in look out circular where in a woman was awarded Rs 1 lakh compensation.

@Aakar__Patel #CBI #fcra

Mir: Aadmi zaleel ho jaata hai airport pe. Log dekhte hain. Chor hoga, pakad liya usko.

@Aakar__Patel #CBI #fcra

Mir: how's your investigation is to suffer when Mr Bahuguna sent an email to Mr.Patel saying that you have co-operated but I have opened an loc.

Court: Is it in the manual (informing about loc)?

Mir: Not to many understanding..from the due procedural aspect.

@Aakar__Patel #CBI

Mir: im not saying my rights should override his (CBI). But it shouldn't railroad mine.

@Aakar__Patel #CBI #fcra

Mir concluding submissions: Loc on record was initiated most capriciously and arbitrarily.

@Aakar__Patel #CBI #fcra

Mir: in terms of your office memorandum I was not an absconding accused.

@Aakar__Patel #CBI #fcra

Mir: Law doesn't command you to file a chargesheet and then seek a sanction.

@Aakar__Patel #CBI #fcra

Mir: Order of ACMM perfectly sustainable.

@Aakar__Patel #CBI #fcra

Mir: I rest my case subject to what my learned friend has to say.

@Aakar__Patel #CBI #fcra

Court to resume hearing at 2.15 pm for CBI's rejoinder.

@Aakar__Patel #CBI #fcra

Goel resumes.

@Aakar__Patel #cbi #FCRA

Goel: to ensure he is available. If summons are issued, we have to ensure he is there. Your honour may note that sanction has come. It has been filed.

@Aakar__Patel #cbi #FCRA

Goel: Sanction is issued in the name of the Home Secretary.

Mir: Has to be.

@Aakar__Patel #cbi #FCRA

Goel: an argument raised that loc could have only opened if he was absconding accused. Let's look at the CBI manual.

@Aakar__Patel #cbi #FCRA

Goel on disciplinary action: what is his locus to say this?

@Aakar__Patel #cbi #FCRA

Goel: He says there's no 120b IPC in the chargesheet. How does he know?
@Aakar__Patel #cbi #FCRA

Mir: We saw when it was being scanned.

Goel: He is not supposed to know. Court may take not.

@Aakar__Patel #cbi #FCRA

Goel: if I have an apprehension, I'm entitled to tell the immigration bureau that I have opened an LOC and not to allow him to leave the country.

@Aakar__Patel #cbi #FCRA

Goel now deals with Punjab and Haryana High court judgement on LOC:
barandbench.com/news/litigatio…

Goel refers to a para in the Punjab and Haryana HC judgment, to counter IO should have emailed Aakar Patel about issuance of an LOC.

@Aakar__Patel #cbi #FCRA

Goel: unlike in a case diary, there is no ground to record the basis of the issuance of LOC.

@Aakar__Patel #cbi #FCRA

Goel on CBI could have asked for stay on ACMM order: to suggest that as an investigating agency to tell court which is not in law is preposterous. 'Supreme Court has deprecated the practice of Court's staying their own order'.

@Aakar__Patel #cbi #FCRA

Goel: if rights is take away and rights of natural justice is inserted everywhere then there will be no investigation.

@Aakar__Patel #cbi #FCRA

Goel: please stay the entire order of the ACMM. I'm making a prayer. The matter (contempt) is kept for tomorrow.

@Aakar__Patel #cbi #FCRA

Mir again refers to Punjab Haryana HC order: if loc had been opened then I could have been given a copy of the loc and the reasons. The order says don't inform at the time of opening of loc that we're going to open.

@Aakar__Patel #cbi #FCRA

BREAKING: Special CBI Court extends stay on the ACMM order till final disposal. Operation of the whole order be stayed to avoid any confusion. "operation of impugned order to be stayed till final decision of the revision petition". This would include contempt plea

@Aakar__Patel

Order on CBI's revision petition to be passed tomorrow on April 13.

@Aakar__Patel #cbi #FCRA