2015 (10) TMI 2086 - HC - Customs

Issuance of writ to direct Respondent not to torture or man handle the petitioner during investigation Petitioner contends that lawyer be present at a visible distance during investigation while Revenue agrees with the same adding further that lawyer shall not be present within a hearing range - Held That;- It would be appropriate to allow the lawyer of petitioner to remain present within sight but not within the hearing range; same would not create any interference in investigation Direction issued for maintaining transparency in the interrogation Decided in favour of Petitioner.

Summary

Issues:
Petition for writ to prevent torture during investigation and allow lawyer's presence.

Analysis:
The petitioner filed a petition seeking a writ to prevent torture or mistreatment during the investigation and requested permission for a lawyer to be present during the interrogation. The petitioner's senior counsel argued that allowing the lawyer to be present at a visible distance during interrogation would suffice, citing previous court decisions. The respondent's counsel contended that the previous cases cited were not directly applicable due to differing circumstances but agreed to the lawyer's presence within sight but not within hearing range during interrogation. The court emphasized the importance of voluntariness in statements during interrogation and decided to allow the petitioner's lawyer to be present within sight but not within hearing range during the interrogation by the revenue authority. This decision aimed to maintain transparency, address apprehensions, and ensure the rights of both parties were upheld. The court issued a specific order for the petitioner to be present at the specified time and for the authorized lawyer to be present within sight during the interrogation, clarifying that this arrangement would not interfere with the interrogation process or impede the revenue authority's investigation rights. The petition was disposed of accordingly, with direct service permitted for conveying the order to the respondent's counsel.