HC stays order allowing lawyer's presence during Jain's questioning

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 Delhi Minister Satyendar Jain, arrested by the Enforcement Directorate in a money laundering case.

Justice Yogesh Khanna observed that when there is credible material to indicate the 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 ED'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.

Even otherwise recording of the statement is videographed and audiographed which would dispel the apprehension of coercion, court said.

"In view of the above since there is neither any FIR nor a complaint against the respondent (Jain) thus 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," noted the court in its order on Saturday.