PMLA interrogation rights: summoned persons have no absolute right to counsel, though visible-distance presence may be allowed.

A person summoned for examination under Section 50 of the Prevention of Money Laundering Act, 2002 is not, by that fact alone, an accused or a person in custody, so Article 20(3) and Article 22(1) protections do not create an absolute right to have an advocate present during questioning. The statutory scheme allows attendance to be required in person or through an authorised agent, and counsel's presence during interrogation is not mandatory as a matter of right. As a practical safeguard, the Court noted that permitting an advocate to remain within visible distance but beyond hearing range may help prevent allegations of coercion.

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Issues: Whether, in proceedings under Section 50 of the Prevention of Money Laundering Act, 2002, a person summoned for interrogation is entitled as of right to have an advocate present during questioning, at least within visible distance but beyond hearing range.

Analysis: The protection against self-incrimination under Article 20(3) is available to a person accused of an offence, and the right under Article 22(1) is linked to arrest or custody. A person merely summoned for examination under Section 50 of the Prevention of Money Laundering Act, 2002 is not, by that fact alone, an accused or a detainee. The provision empowers the authority to require attendance in person or through an authorised agent as the officer may direct, and the statutory scheme does not confer an absolute right to insist on counsel's presence during interrogation. At the same time, the Court noted that permitting counsel to remain at a visible distance would guard against allegations of coercion and would be a prudent safeguard in the facts of the case.

Conclusion: The applicant could not claim the presence of an advocate as a matter of right, but the request was accepted as an abundant-caution measure and the authority was directed to permit counsel to remain within visible distance but beyond hearing range during interrogation.

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