Don't detain; not a flight risk: CBI to Mumbai Police on Mallya in 2015

The second circular asked airport authorities across the country to "inform" about Mallya's movements, quoted the Indian Express

The Central Bureau of Investigation (CBI) said last week that the change in 2015 Look Out Circular against — from "detain" to merely informing about his movements — was an "error of judgment". Mallya was cooperating in the probe and there was no warrant against him, CBI mentioned. 

However, a report published by The India Express claimed that CBI's first LOC to Mumbai Police, was in fact, an error.

The first Lookout Circular (LoC) was issued on October 12, 2015, according to the CBI sources. 

Upon his return the agency was asked by the Bureau of Immigration (BoI), if Mallya should be detained as sought in the LoC to which the CBI said there was no need to arrest or detain him as he was a sitting MP and there was no warrant against him, they said.

The second LOC was dated November 24, 2015, the very night Mallya landed in Delhi. The circular asked airport authorities across the country to "inform" about Mallya's movements, quoted the Indian Express. 

On March 2, 2016, the liquor baron Vijay Mallya left the country. The proceedings to extradite him from the UK are still on. 

According to the report in Indian Express, immigration authorities informed CBI on November 23, 2015, that Mallya was landing at New Delhi’s international airport from a foreign destination on the night of November 24.

On November 24, 2015, CBI wrote a letter to Mumbai Police mentioning that “detention of the subject at this stage is not required by us. In case of detention is required in the future, it will be communicated separately. The LOC established in respect of the subject may also be amended accordingly.”

The letter was signed by then CBI’s SP in Mumbai, Harshita Attaluri. 

The letter says: “While establishing the LOC, our request as to be informed about the arrival/departure of the subject from India and in the Annexure enclosed with the LOC, the reference to detention of the subject was made under the impression that advance information about the arrival of the subject may not be available with immigration authorities and therefore, in case the accused checks in at the immigration post for arrival/departure, the information would be furnished to us only at that point. Therefore we had mentioned that the subject may be detained.”

Earlier, The Central Bureau of Investigation (CBI) also clarified that the change in the LOC against Mallya was done as there was no sufficient ground to arrest or detain him