Directorate Of Enforcement vs. Satyendar Kumar Jain

CRL.M.C./2869/2022HC DelhiGSTCNR DLHC01023183202210 May 2023Bench: HON'BLE MR. JUSTICE DINESH KUMAR SHARMA9 pages

For Petitioner: Mr. Zoheb Hossain, Counsel for ED with Mr. Adit Khorana, Mr. Baibhav and Mr. Vivek Gurnani, AdvsFor Respondent: None. % Date of Decision: 10th May, 2023

AI SummaryAllowed

Held

The High Court held that an accused does not have an inherent right to the presence of their lawyer during interrogation under statutes like PMLA, especially when there is no FIR or complaint against them. The Court noted that videography and audiography of the statement recording dispel apprehensions of coercion.

Facts

The Directorate of Enforcement (ED) challenged a lower court's direction allowing an advocate to be present during the interrogation of an accused, but not within audible distance. The ED argued against this presence, citing various legal precedents.

Key Issues

Whether an accused has a right to have their lawyer present during interrogation under statutes like PMLA, and if so, under what conditions.

Sections Cited

Section 50, Section 108

AI-generated summary — verify with the full judgment below

Cause title — parties, addresses and appearances

Neutral Citation Number 2023:DHC:3754 CRL.M.C. 2869/2022 Page 1 of 9 $~28 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2869/2022 DIRECTORATE OF ENFORCEMENT ..... Petitioner Through: Mr. Zoheb Hossain, Counsel for ED with Mr. Adit Khorana, Mr. Baibhav and Mr. Vivek Gurnani, Advs. versus SATYENDAR KUMAR JAIN ..... Respondent Through: None. % Date of Decision: 10th May, 2023 CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

J U D G M E N T

DINESH KUMAR SHARMA, J. (Oral)

The present petition has been filed with the following prayers: “a) Set aside the impugned direction in order dated 31.05.2022 passed by the Ld. Addl. Sessions Judge/Special Judge (PC Act), CBI-24 (MPs/MLAs Cases) RADC, New Delhi in M.No.71/2022 and 72/2022, ECIR/HQ/14/2017, in as much as the Ld. Special Court has directed at Para 26 of the impugned order that “during the time of enquiry/interrogation from the accused, one Advocate Neutral Citation Number 2023:DHC:3754 CRL.M.C. 2869/2022

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