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High Court of DelhiW.P.(CRL)/275/2020

Prabodh Kumar Tewari v. Directorate Of Enforcement & ANR.

2020-02-03Hon'Ble Mr. Justice Vibhu Bakhru2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 275/2020 PRABODH KUMAR TEWARI ..... Petitioner Through Mr Madhav Khurana, Advocate.

versus DIRECTORATE OF ENFORCEMENT & ANR.

..... Respondents Through Mr Amit Mahajan, CGSC with Ms Mallika Hiremath, Advocates.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 03.02.2020 1.

The petitioner has filed the present petition, inter alia, praying that the petitioner be allowed to be accompanied by his advocate during any further interrogation conducted by the respondents.

2.

The petitioner claims that he had appeared before the respondent authorities on 04.10.2019 and he was physically and mentally tortured. He also alleges that he was coerced to sign a statement of approximately fortyfive pages, which he withdrew/retracted on 05.10.2019. The petitioner is now receiving notices for appearing before the respondent authorities and he apprehends that he would once again be coerced to sign documents and be subjected to further physical and mental torture. 3.

Mr Mahajan, learned counsel appearing for the respondents disputes the averments made in the present petition. However, he states that in the

peculiar facts of this case, the respondent would have no difficulty if the petitioner is accompanied by an advocate who remains present at a visible distance but not within an audible range. He also states that the inquiries from the petitioner would be confined to only four hours during the day. 4.

In view of the above statements, no further orders are required to be passed in this petition except to bind down the respondent to the aforesaid statement.

5.

The petitioner would appear before the respondent authorities as and when summoned during business hours, that is, from 9.00 a.m. to 6.00 p.m. He may be accompanied by an advocate during the said period. It is, however, clarified that the advocate shall not interfere with in the proceedings but he may remain present at a visible distance and not within an audible range. The respondents shall ensure that arrangements for the same are made and the inquiries from the petitioner are confined to a period of four hours.

6.

The petition is disposed of with the aforesaid directions. 7.

Order dasti under signatures of the Court Master. VIBHU BAKHRU, J FEBRUARY 03, 2020 pkv