The Delhi High Court on Friday reserved its order on a plea by the Enforcement Directorate (ED) challenging a lower court order allowing a counsel to be present during the interrogations of Delhi Cabinet Minister Satyendar Jain in connection with a money-laundering case. Justice Yogesh Khanna reserved his verdict in the matter after hearing the counsels of all parties.
The ED had challenged the condition imposed by the Special Judge in the last paragraph of the remand order stating that during the time of interrogation, one advocate shall be allowed to remain present at a safe distance, from where he can see Jain but not hear him.
Additional Solicitor-General (ASG) SV Raju appeared for the ED, and argued that the condition was contrary to various Supreme Court and other judgments.
Raju argued before the court that the impugned condition was contrary to the 1992 Supreme Court judgment in a case titled Poolpandi vs Superintendent, Central Excise and several other judgments passed by the court from time to time.
Pointing out that Jain has already been arrested, the ED's counsel said thus he is not entitled to other rights which are available to accused persons. However, Senior Advocate Dr Abhishek Manu Singhvi appearing for Jain, contradicted the ASG's submission, stating that the 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. A special court had last week granted custody of Jain to ED till June 9.