Delhi High Court gave a setback to Satyendra Jain, stayed the order to keep the lawyer with you during the interrogation of ED
The Delhi High Court has stayed the trial court’s order allowing the presence of a lawyer during the interrogation of Delhi Health Minister Satyendar Jain. Jain was arrested by the Enforcement Directorate (ED) on May 30 in a money laundering case.
The trial court had allowed Jain’s presence during interrogation at such a distance from where he could not hear anything but could see the process.
Justice Yogesh Khanna said that such a direction can be issued when there is credible material indicating a potential danger or genuine apprehension of pressure being exerted during the recording of the statement. He said that if no apprehension has been raised in the present matter, then the direction should not have been given.
The High Court had on June 3 reserved its order on the plea of the Enforcement Directorate (ED) challenging the direction. The judge said that since there is no FIR or complaint registered against the Aam Aadmi Party (AAP) leader, he cannot claim the right of his lawyer to be present during the recording of his statement.
The High Court said that if the statement is videographed and audio recording is done, it will remove the apprehension of any coercion or threat.
The stay order has been issued on a plea by the ED, which challenged the May 31 order of the trial court. The trial court had allowed the presence of a lawyer, at a distance, during the custodial interrogation of Jain from May 31 to June 9. The court listed the matter for next hearing on August 24.
Jain was arrested under the provisions of the Prevention of Money Laundering Act (PMLA) and was remanded to ED custody till June 9 by the trial court on May 31.
