2023 (7) TMI 417 - HC - GST

Advocate Allowed Proximity During Statement Recording, Ensuring Fair Procedural Safeguards for Petitioner's Legal Representation

HC granted petitioner's request to have advocate present during statement recording, positioned at a visible but non-audible distance. Respondent's ... Right to legal representation during recording of statement - Presence of Advocate at a visible but not audible distance during interrogation - Recording of statement/interrogation - Consent-based accommodation of defence counsel during statement recordingRight to legal representation during recording of statement - Presence of Advocate at a visible but not audible distance during interrogation - Recording of statement/interrogation - Petitioner's counsel permitted to be present at a visible but not audible distance during recording of the petitioner's statement. - HELD THAT: - The petition sought, inter alia, that the petitioner's statement be recorded in the presence of his Advocate. At the hearing the petitioner limited the relief sought to permitting the Advocate to remain at a visible but not audible distance during interrogation and declined to press the plea for videography. The State and the contesting respondents raised no objection to the Advocate being present provided he remained visible but not audible. Having regard to the consent of the parties and the authorities placed before the Court, the High Court allowed the limited relief sought and directed that the petitioner's Advocate may remain present at a visible, but not at an audible, distance at the time of recording the petitioner's statement. The Court's order is founded on accommodation of the petitioner's right to legal representation during statement recording while preserving the requirements of an uninterrupted interrogation process as agreed by the parties. [Paras 3, 5, 6, 7]Petitioner's Advocate permitted to be present at a visible but not audible distance during recording of the petitioner's statement; petition allowed and disposed of.Final Conclusion: The petition is allowed to the limited extent that the petitioner's Advocate may remain present at a visible, but not audible, distance during the recording of the petitioner's statement; the remainder of the relief (including videography) was not pressed and is not granted. Issues involved: Petitioner's request for recording statement in the presence of advocate, permission for videography of interrogation, presence of petitioner's advocate during statement recording.Summary:Issue 1 - Recording statement in presence of advocate:The petitioner pressed for prayer clause (d) for his statement to be recorded in the presence of his advocate at a visible but not audible distance during interrogation. The petitioner's advocate relied on previous court decisions to support this request. The Special Public Prosecutor for respondent nos. 2 and 3 had no objection to the presence of the petitioner's advocate during the statement recording, as long as the advocate remained at a visible but not audible distance. The court allowed the petition and permitted the petitioner's advocate to be present in the specified manner during the recording of the petitioner's statement.Issue 2 - Permission for videography of interrogation:Although the petitioner had initially prayed for permission for videography of the interrogation at his own cost, it was mentioned that the petitioner was not pressing for this relief during the proceedings.Issue 3 - Presence of petitioner's advocate during statement recording:The court, after considering the submissions and orders annexed to the petition, allowed the petition and disposed of the matter by permitting the petitioner's advocate to remain present at a visible but not audible distance during the recording of the petitioner's statement. The petition was made absolute in the specified terms, and all concerned parties were directed to act on the authenticated copy of the order.