Paridhi Arya
Published on June 5, 2022 at 17:24 IST
The Single Judge Bench of Justice Yogesh Khanna passed a stay on order of Lower Court which allowed Delhi Minister Satyendar Jain to have his counsel present during interrogation.
The order of Lower Court allowed that his counsel will be present at a certain distance so that he can see the interrogation but cannot listen anything so that coercion and force could not be used by Enforcement Directorate (ED).
High Court observed that Satyendar Jain does not have his name in FIR or complaint and that is why he cannot be termed as accused therefore he cannot ask the presence of counsel as his right during his interrogation.
Justice Khanna stated that every statement will be video graphed and audio graphed so there will be already no threat of usage of force and coercion.
Justice Khanna said “The FIR or complaint is not registered against the name of Jain because of which he cannot claim that it is his right that lawyer can be present while his interrogation.”
“The entire recording of statement is video graphed and audio graphed so there will be no doubt of usage of threat and coercion.”
ED has filed an appeal against Lower Court order which had given him custody of Jain till June 9. The Additional Solicitor General submitted that protection under Article 20 cannot be claimed as he is not accused.
The person may be in jail but termed accused only if his name was there in FIR.
The counsel from Jain submitted that ED had stated him accuse in their application and this appeal is just Abuse of Law for which ED should be fined.
The Jain is a politician of Aam Aadmi Party who holds many portfolios in Delhi Government. He was arrested by ED after CBI registered the case. ED had alleged that money laundering was done multiple times although the end beneficiaries are not known by ED till now.