2019 (9) TMI 597

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....cerned, the petitioner is seeking directions similar to the one issued by the Hon'ble Apex Court in Vijay Sajnani and Anr. Versus Union of India in Criminal M.P.No.10117 of 2012 in WP (Crl.) No.29 of 2012 and permit the petitioner to have an advocate at visible but not audible distance during his interrogation by the Officers of the Directorate of Revenue Intelligence (DRI). 4. Learned counsel for the DRI vehemently opposed the relief claimed in prayer clause (b). He invited our attention to the decision of the Telangana High Court dated 18th April 2019 in writ petition No.4764 of 2019 and connected matters and the subsequent order of the Apex Court dated 29th May 2019, whereunder the Apex Court has refused to interfere in the said decisio....

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....Taking a cue, therefore, from the direction made in D.K. Basu and having regard to the special facts and circumstances of the case, we deem it appropriate to direct that the interrogation of the respondent may be held within the sight of his advocate or any other person duly authorized by him. The advocate or the person authorized by the respondent may watch the proceedings from a distance or from beyond a glass partition but he will not be within the hearing distance and it will not be open to the respondent to have consultations with him in the course of the interrogation." Their lordships observed that this Bench and other Benches of this Court had occasion to deal with similar matters and have passed similar orders to the extent that t....

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....gainst the petitioners, in view of the special circumstances, in view of the said judgment. 9. The decision of the Telangana High Court was confirmed in SLP No.4430 of 2019. The learned counsel for the Union of India has also invited our attention to the order passed by the Apex Court in SLP (Cri) No. 4322 - 4324 of 2019 challenging the judgment of Bombay High Court where the protection from arrest came to be granted in favour of the petitioner. The Apex Court observed thus :- "As the accused-respondents have been granted the privilege of pre-arrest bail by the High Court by the impugned orders, at this stage, we are not inclined to interfere with the same. However, we make it clear that the High Courts while entertaining such request in....

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....orities concerned and a similar provision may be made for his/their interrogation in the presence of learned counsel as indicated hereinabove. 12. In Rajinder Arora Vs. Union of India & Ors (Writ Petition (Civil) No.389 of 2010), the Department itself has assured that the recording of the statement and examination of the goods will be videographed. 13. The learned counsel for Union of India has also placed reliance on the Rajasthan High Court judgment in case of Bhag Singh V/ s. Union of India reported in CDJ 2018 Raj 264. The said judgment is delivered in light of the facts and circumstances when the apprehension expressed by the petitioner of being subjected to third degree torture of violence was itself found to be unjustified. In any ....