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The Delhi High Court has issued notice to Aakar Patel on the plea filed by the Central Bureau of Investigation (CBI) challenging the Trial Court's order whereby the Lookout Circular (LOC) issued by CBI was quashed.

Justice Yogesh Khanna, who was hearing the matter, has directed both parties to file written submissions on the legality of the LOC and the circumstances in which it could be issued. 

In its plea before the Delhi High Court, the CBI said that the Special Court and the Magistrate before it "completely misconstrued the scope and purpose of taking recourse" to a LOC and challenged paragraphs 26 to 30, 37, and 39 of the Special Court order.

The Special Court had held that recourse to a LOC can be taken only on the co-existence of the following three circumstances:

1. Look-Out Corner Notice can be issued only in cognizable offences; and
2. Accused is deliberately evading arrest or not appearing in trial court despite non-bailable warrants (NBWs) and other coercive measures; and
3. There is likelihood of the accused leaving the country to evade trial/arrest.

Additional Solicitor General SV Raju appeared for the CBI in the matter while Aakar Patel was represented by Mr. Saud Khan. The case will be heard again on May 18. 

Background

Aakar Patel who was the Executive Director of Amnesty International India Pvt Ltd. was stopped from boarding a flight from Bengaluru International Airport, on the ground that an LOC had been issued against him by investigative agencies. 

Patel argues that the LOC is in direct contravention of the guidelines issued by various High Courts and office circulars of the Ministry of Home Affairs (MHA). He has also argued that the said LOC was issued with malafide intention. 

The CBI is currently investigating violations of the FCRA, 2010 by the Amnesty group, who have been accused of remitting Rs.10 crore to Amnesty India entities without approval from the MHA.