Delhi High Court stays special court order allowing Satyendar Jain to have counsel during ED interrogation

The Delhi High Court on Saturday stayed an order of a lower court allowing a lawyer to be present with Delhi Minister Satyendar Jain during his interrogation by the Enforcement Directorate (ED). .The lower court had said that the counsel will be present at a distance from where he could see the interrogation but not hear anything. .However, Justice Yogesh Khanna of the High Court held that since there is neither any FIR nor a complaint against Jain, 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, admittedly, his entire recording of statement is videographed and audiographed which certainly would dispel the apprehension of any coercion, threat to the respondent,"Justice Varma said. .The order was passed on a petition by the ED challenging the lower court's dated May 31 through which ED was given Jain's custody till June 9. The court, in the last paragraph of the order, had allowed Jain to have a counsel present during interrogation at a distance from where he could not hear anything. .The appeal against the same was heard on Friday when Additional Solicitor General (ASG) SV Raju, appearing for the ED, argued that Jain is not yet an accused in the matter and, therefore, Article 20 protection cannot be granted to him.The ASG submitted that even if a person is arrested, he will acquire the status of an 'accused' only after being named in the FIR or complaint."We anyways have facilities for video recording but he (Jain) has given a written statement saying he does not want this facility. I can submit his statement in a sealed cover as well," the ASG had said.Senior Advocate Dr Abhishek Manu Singhvi appearing for Jain, contradicted the ASG's submission, stating that ED's own remand application names him as an accused."They have repeatedly called me an accused. Their remand application starts with the word accused. I am searching for his certificate of not being an accused," he said.Singhvi added that the petition is an abuse of process of law and should be dismissed with costs."They have had a lawyer present during his investigation at a distance for the last few days. It has been going on without any issue. This petition is an abuse of process of law and should therefore be dismissed with costs.".Jain, who is facing a probe in a corruption case registered by the Central Bureau of Investigation (CBI), was arrested by ED sleuths in a related money laundering case.Jain is a senior Aam Aadmi Party (AAP) politician and currently holds the health, home, power, public works department, industries, urban development and flood, irrigation and water portfolios in the Delhi government.The ED has alleged that he is involved in a money laundering case, and that there is no clarity as to who the beneficiaries of this laundered money were. It has also been alleged that this was not a one time offence..The plea will now be considered on August 24. .[Read Order]