HC reserves order on ED's plea challenging order to allow Satyendar Jain to have counsel during interrogation
Jun 03, 2022
New Delhi [India], June 3 : The Delhi High court on Friday reserved the order on the plea of the Enforcement Directorate (ED) challenging the order allowing Satyendar Jain to have counsel during interrogation.
The agency had moved Delhi High court challenging the order of a special court allowing Minister Satyendar Jain to have counsel during interrogation. Jain is in the custody of ED till June 9.
Justice Yogesh Khanna reserved the order after hearing the submission of the counsels who appeared on behalf of the agency and Jain.
Additional Solicitor General (ASG) S V Raju at the outset of the hearing said the said order of the special judge is without reasoning. He also said that Satyendar Jain is not an accused therefore he is not entitled to this relief.
ASG Raju submitted that there are no allegations of threatening or beating up the accused. Therefore the presence of counsel during interrogation is not required. It has been permitted by the courts in many cases to avoid any dispute during the inquiry.
He also submitted the ED's Videography to its every inquiry. In this case, Jain himself was not ready for videography during the inquiry.
On the other hand, Senior Advocate Abhishek Manu Singhvi objected to the submission made by the ASG Raju.
Singhvi argued that the presence of counsel during the inquiry was always permitted by the court. He referred to the judgement given by the Supreme Court.
The presence of counsel is always permitted at a visible distance beyond the audible distance during the interrogation, Singhvi argued.
He also argued that the presence is allowed to guide the person in arrest, it is important in view of the admissibility of statements taken under section 50 Prevention of Money Laundering Act (PMLA).
Singhvi objected to the submission that Jain is not an accused. He said he is accused in the case registered in August 2017 by the CBI. In this case, he was arrested and custody was taken by the agency. In these circumstances, his client is entitled to have counsel during interrogation.
Special Judge Geetanjali Goel on 31 May had granted the custody of Jain to ED till 9 June in a money laundering case.
The special judge at the request of counsel for Satyendar Jain had allowed being present during interrogation at distance from Where he can see but can not hear the questioning.
The ED had sought custody of Jain in the money laundering matter to unearth the trail of money and its source. It was alleged that the accused was involved in money laundering through accommodation entries in the companies.
