Right to counsel during FERA interrogation allowed, but only as silent presence and not active participation.

A person summoned under section 40 of the Foreign Exchange Regulation Act, 1973 is entitled to have an advocate present during interrogation, because the questioning is a serious investigative process engaging the protections against compelled self-incrimination and the right to consult and be defended by legal counsel. The Court treated the reference to attendance through an authorised agent as wide enough to include counsel, but confined the advocate's role to passive presence only. The lawyer may not actively participate, so the interrogation is not turned into an adversarial hearing, and the request must be made in writing.

---

---

Issues: Whether a person summoned under section 40 of the Foreign Exchange Regulation Act, 1973 is entitled to have his advocate present during interrogation by the Enforcement Directorate.

Analysis: Article 20(3) protects against compelled self-incrimination, and Article 22(1) secures the right to consult and be defended by a legal practitioner. The interrogation under section 40 of the Foreign Exchange Regulation Act, 1973 is a serious investigative process in which the summoned person is bound to state the truth and false statements may attract penal consequences. The Court also noted that the absence of police-style safeguards under the Code of Criminal Procedure, 1973 and the Indian Evidence Act, 1872 does not justify denial of legal assistance where the person is under suspicion and the interrogation is in the nature of near-custodial questioning. Section 40 permits attendance through an authorised agent, and this was read as wide enough to include counsel. However, the advocate's role was confined to passive presence and not active participation, so that the interrogation is not disrupted or converted into an adversarial hearing.

Conclusion: A summoned person under section 40 of the Foreign Exchange Regulation Act, 1973 is entitled to have an advocate present during interrogation, subject to the advocate remaining a silent spectator and the request being made in writing.

Ratio Decidendi: Where statutory interrogation carries the risk of compelled self-incrimination and the person is under suspicion, the right to legal consultation extends to presence of counsel during questioning, but only as a passive safeguard and not as active participation.

---