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In the plea moved by former Amnesty International India Chief Aakar Patel, challenging the Look Out Circular (LOC) issued against him by the Central Bureau of Investigation (CBI) before a Delhi Court, the agency today argued that there is no procedure to be followed by the CBI to give detailed reasons to MHA for issuance of LOC. The order in the case was reserved today.
CBI said that the chargesheet against Patel was filed without arrest and that the LOC application was moved in anticipation that Patel will flee from justice.
The Additional Chief Metropolitan Magistrate Pawan Kumar of the Rouse Avenue District Courts, New Delhi reserved the order which is likely to be pronounced today at 4 PM.
It was recently decided by CBI to open a LookOut Circular (LOC) against the accused Aakar Patel to thwart any attempt, if any, by him to escape the process of law and thus to prevent him from leaving India. Thereby, a chargesheet was filed by CBI against the accused persons before the Court Ld CMM, Rouse Avenue District Courts, New Delhi.
Patel had moved the plea before the Delhi Court seeking directions to the CBI for withdrawal of the said Look Out Circular and also seeking permission to travel to United States of America till 30th May 2022 to take up his assignment and lecture series.
MHA has recently alleged in the complaint that in order to evade Foreign Contribution (Regulation) Act 2010 (FCRA), Amnesty (UK) has remitted Rs. 10 crore to Amnesty's Indian entities, classified as FDI, without MHA's approval.
Further, another Rs. 26 crore was remitted to Amnesty (India), primarily from UK based entities, without MHA's approval.
All such receipts have subsequently been expended on Amnesty's NGO activities in India, in violation of FCRA. Also Amnesty had made several attempts to obtain prior permission or registration under FCRA. The same was not granted. In reaction to repeated denials, Amnesty used commercial methods to evade FCRA.
As per the provisions of section 40 FCRA, “no court shall take cognizance of any offence under this Act, except with the previous sanction of the Central Government or any officer authorised by that Government. In this behalf sanction under section 40 of the FCRA 2010, has not been received till date and the matter is under process.”
CBI’s investigation revealed the following that:
Thus the CBI prayed for the following relief,
“The objective of CBI for opening of Look Out Circular against the accused person was to prevent him from escaping the process of law. The Hon'ble Court may graciously be pleased to dismiss the application filed by accused Aakar Patel, in the interest of justice.”
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