NEW DELHI: The Delhi High Court has stayed a trial court order allowing the presence of a lawyer at a visible but not audible distance during the interrogation of Minister Satyendar Jain, arrested by the ED in a money laundering case.
Justice Yogesh Khanna observed that when there is credible material to indicate the live apprehension of a possible threat at the time of recording of statement, such a direction may be passed but since there is no apprehension raised in the present matter, the direction ought not to have been given as a matter of right.
The judge further noted that since there is neither any FIR nor a complaint against the AAP leader, he cannot as a matter of right claim to have the presence of his lawyers during the course of recording of his statement.
Even otherwise recording of the statement is video graphed and audio graphed which would dispel the apprehension of any coercion and threat, the court added. The stay order was passed on a plea by the ED challenging the trial court’s May 31 order allowing the presence of a lawyer, at a distance, during Jain’s interrogation in its custody from May 31 till June 9.