Delhi High Court issues notice to Aakar Patel on CBI's plea against quashing of LOC

The Delhi High Court on Friday issued notice to former Amnesty India chair, Aakar Patel on Central Bureau of Investigation's (CBI) plea challenging the special court order quashing the Look-Out Circular (LOC) issued against Patel. .Justice Yogesh Khanna however, did not stay the observations made by the lower court in its order..Special CBI Judge Santosh Snehi Mann had on April 16 upheld a Magistrate Court verdict that set aside the CBI LOC against Patel.Though the special judge had stayed the magistrate's direction to the CBI Director to issue a written apology to Patel, he had held that the LOC issued was bad in law since he had joined the investigation whenever called for and did not try to hamper the probe or tamper with evidence in any manner..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 an LOC.The agency specifically challenged paragraphs 26 to 28 and 38 of the Special Court order that had laid down that recourse to an LOC can be taken only on co-existence of the following three circumstances:(i) Look-Out Corner Notice can be issued only in cognisable offences; and(ii) Accused is deliberately evading arrest or not appearing in trial court despite non-bailable warrants (NBWs) and other coercive measures; and(iii) There is likelihood of the accused leaving the country to evade trial/arrest."It is respectfully submitted that if the rational of the Ld. Spl Judge is accepted then any investigating agency will have to first await for an accused to abscond and only thereafter it will be permitted to take recourse to the process of LOC," the plea stated.This interpretation, if followed, would amount to sending a message to the CBI and other agencies that in case they apprehend an accused's unavailability, the only power available to them is that of arrest, it was submitted..Additional Solicitor General SV Raju appeared for the CBI in the matter today while Patel was represented by advocate Saud Khan. The case will be heard again on May 18. .Aakar Patel LOC: Delhi High Court's Justice Talwant Singh recuses from hearing CBI plea against Special Court order