The Enforcement Directorate (ED) on Thursday knocked on the door of the Delhi High Court challenging the trial court's order, allowing the presence of a lawyer during the interrogation of Delhi Minister Satyendar Jain, who was arrested in a money laundering case.
A Bench of Acting Chief Justice Vipin Sanghi and Justice Sachin Datta allowed the request of the ED's counsel for an urgent listing of its plea and fixed the matter for hearing on Friday.
The Aam Aadmi Party (AAP) leader was arrested on May 30 under the provisions of the Prevention of Money Laundering Act (PMLA) and the trial court on May 31, remanded him to ED's custody till June 9.
While remanding Jain to ED's custody, the trial court had allowed his plea that during the time of enquiry/investigation of the accused, one advocate of the accused shall be allowed to remain present at a safe distance where he can see the accused but not hear him. Solicitor-General Tushar Mehta, representing the ED, had vehemently opposed this in the trial court.
The ED has challenged the condition before the High Court and submitted that the agency had filed a petition in this regard and urgent listing be allowed. It said that a three-judge Bench of the Supreme Court in another case was pleased to reject an identical contention of allowing assistance of a counsel during interrogation.
“Aggrieved by the impugned direction in the order dated May 31, 2022, to the extent that the special court has directed that the advocate of the respondent be present during the enquiry/interrogation, the petitioner is approaching this court by way of the present petition…,” the plea said, adding that the trial court has erred in passing such a direction.