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 Delhi Minister Satyendar Jain, arrested by the Enforcement Directorate (ED) in a money laundering case.
Justice Yogesh Khanna observed that when there is credible material to indicate real and live apprehension of a possible threat or coercion being employed 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, who had on June 3 reserved its order on the Enforcement Directorate’s plea challenging the direction, 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.
‘Irani should apologise’
In another twist to the case, AAP Rajya Sabha MP Sanjay Singh on Saturday alleged that the ED had on Friday said in the court that there is no FIR or complaint against Mr. Jain. Chief Minister Arvind Kejriwal said that the “Centre’s admission” had exposed a conspiracy against Mr. Jain.
“The Centre has itself admitted in the court that Satyendar Jain is not an accused. When he is not an accused, how can they call him corrupt?” Mr. Singh asked. The AAP leader said several BJP Ministers, including Smriti Irani, has called Mr. Jain corrupt on national television. “Smriti Irani should with folded hands apologise to the people of the country,” he said.
Reacting to Mr. Singh’s allegation, a Senior ED official said that Mr. Jain’s arrest has been made in a money laundering probe based on a CBI case and chargesheet. A person formally becomes an accused in a case under the Prevention of Money Laundering Act when a prosecution complaint is filed against him, the official said.
(With PTI inputs)
