Lawyer’s presence during questioning prejudice: ED to HC

HT Correspondent

NEW DELHI: The Enforcement Directorate (ED) on Thursday moved the Delhi high court challenging the trial court’s ruling that allowed Delhi minister Satyender Jain to have his lawyer present -- at a visible but not audible distance -- during Jain’s interrogation in the money laundering case in which he was arrested on Monday.

The matter was urgently mentioned before a bench of acting chief justice Vipin Sanghi and justice Sachin Datta by advocate Zoheb Hossain, appearing for the ED, who said “grave prejudice” would be caused to the interrogation and subsequent investigation, in case the lawyer is allowed to remain present. The high court allowed the matter to be listed for Friday.

While remanding Jain in ED custody for custodial interrogation till June 9, special judge Geetanjali Goel on Tuesday had allowed Jain’s request to have a lawyer present at a visible distance during the questioning, overruling the objections raised by solicitor general Tushar Mehta, who had appeared for the ED.

Jain was arrested on May 30 by ED in a case related to money laundering and hawala transactions through Kolkata based shell companies.

The case is based on a 2017 CBI (Central Bureau of Investigation) FIR lodged against the minister in the Aam Aadmi Party (Aap)-led Delhi government. The ED has accused him of having laundered money through four companies allegedly linked to him and whose shares he was holding, while amassing wealth disproportionate to his income.

According to ED, Jain transferred money to Kolkata through the hawala channel and got it back from dummy companies in the form of accommodation entries, even though he could not show the source of the money received.

To be sure, Jain has repeatedly rejected the allegation and has the backing of chief minister Arvind Kejriwal, who has described the charges against Jain as “bogus”.