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Satyendar Jain; Delhi Excessive Court docket; Enforcement Directorate; Delhi Excessive Court docket Satyendar Jain; Satyendar Jain ED Case; Delhi Excessive Court docket On Satyendar Jain


Delhi Minister's Lawyer Won't Be Present During Interrogation: Court

Satyendar Jain was arrested by Enforcement Directorate in a cash laundering case. (File)

New Delhi:

The Delhi Excessive Court docket has stayed a trial courtroom order permitting the presence of a lawyer at a visual however not audible distance through the interrogation of Delhi Minister Satyendar Jain, arrested by the Enforcement Directorate in a cash laundering case.

Justice Yogesh Khanna noticed that when there’s credible materials to point the true and reside apprehension of a doable menace or coercion being employed on the time of recording of assertion, such a route could also be handed however since there is no such thing as a apprehension raised within the current matter, the route ought to not have been given as a matter of proper.

The decide, who had on June 3 reserved its order on the Enforcement Directorate’s plea difficult the route, additional famous that since there’s neither any FIR nor a grievance in opposition to the AAP chief, he can not as a matter of proper declare to have the presence of his attorneys through the course of recording of his assertion.

Even in any other case recording of the assertion is videographed and audiographed which might dispel the apprehension of any coercion and menace, the courtroom added.

The keep order was handed on a plea by the ED difficult the trial courtroom’s Might 31 order permitting the presence of a lawyer, at a distance, throughout Jain’s interrogation in its custody from Might 31 until June 9.

“In view of the above since there’s neither any FIR nor a grievance in opposition to the respondent (Satyendar Jain) thus he can not as a matter of proper declare to have the presence of his attorneys through the course of recording of his assertion…Even in any other case, admittedly, his complete recording of assertion is videographed and audiographed which actually would dispel the apprehension of any coercion, menace to the respondent,” famous the courtroom in its order launched on Saturday.

“If a litigant in a selected case is ready to produce credible materials to point the true and reside apprehension of a doable menace, coercion being employed, whereas recording his assertion, this courtroom can at all times allow at seen, however not an audible vary through the course of recording of the assertion however since there is no such thing as a apprehension raised within the current matter, therefore as a matter of proper such route ought to not have been given within the recording of assertion. Thus, the impugned route in para No.26 of order dated 31.05.2022 stands stayed,” mentioned the courtroom which listed the matter for additional listening to on August 24.

Mr Jain was arrested on Might 30 beneath the provisions of the Prevention of Cash Laundering Act (PMLA) and the trial courtroom on Might 31 remanded him to the ED’s custody until June 9.

Whereas remanding Satyendar Jain to the ED’s custody, the trial courtroom had allowed his plea that through the time of enquiry/investigation of the accused, one advocate of the accused shall be allowed to stay current at a protected distance the place he can see the accused however not hear him.

The ED had assailed the order earlier than the excessive courtroom on the bottom that it was opposite to varied choices of the Supreme Court docket and the legislation.

Legal professionals representing Jain had opposed the company’s plea and mentioned it was an “extraordinary case” because the prosecution has filed the petition regardless of the legislation being in opposition to them.

It was argued that the Supreme Court docket has constantly allowed a system the place the lawyer is out there at a distance however prosecution was terming them mere orders.

Earlier than the trial courtroom, the investigating company had submitted that there was a chequered layer of cash and it was looking for out if anyone else’s cash was being laundered and whether or not there have been different potential beneficiaries.

“The cash has not stopped at Rs 4.81 crore. It’s past. Some info we do not have, however the accused is conscious,” Solicitor Basic Tushar Mehta had mentioned, including that the chance of tampering with proof couldn’t be dominated out until the company ascertained the true path.

Jain’s counsel had opposed the ED software, saying the case dated again to 2015 and that the whole allegation was the copy of the cost sheet, and that he had already been summoned five-six occasions for interrogation by the company.

He had mentioned there was no requirement for custodial interrogation within the case.

The company had earlier provisionally connected belongings value Rs 4.81 crore of Jain’s household and firms “beneficially owned and managed” by him as a part of a money-laundering probe in opposition to him.

(Aside from the headline, this story has not been edited by NDTV workers and is printed from a syndicated feed.)



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