The High Court of Madras disposed of a petition seeking a direction for the presence of a lawyer during interrogation by the CBI. The court found no merit in the prayer regarding interrogation but allowed the petitioners to seek a new date for appearance if difficulties arose in complying with a summon.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 27.06.2018
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
Crl.O.P.No.16466 of 2018
1 V.Rajendran
2 R.Jayalakshmi
3 R.Radhika
4 R.Vinoth
5 R.Navin ... Petitioners
Vs.
The Central Bureau of Investigation (Anti-Corruption Branch) Represented by the Superintendent, of Police, III Floor, Shastri Bhavan, No.26, Haddows Road, Chennai-600 006.
... Respondent
Prayer: Criminal Original Petition filed under Section 482 of Cr.P.C. praying to direct the respondent herein to have the assistance of a lawyer during interrogation of the petitioners by the respondent in connection with criminal case initiated against the 1st petitioner in crime No.RC MA11 2016 A 0047 CBI/ACB/CHN dated 26.12.2016 registered under Section 120-B read with 420, 468, 471 and 409 of IPC and Section 3(2) read with 13 (1)(d) of Prevention of Corruption Act, 1988 on the file of the respondent.
For Petitioners : Mr.C.Purushothaman For Respondent : Mr. K.Srinivasan
Special Public Prosecutor for CBI ORDER
Heard the learned counsel for the petitioner and the learned Special Public Prosecutor for CBI cases.
2 This Court finds no merit in this petition seeking assistance of a lawyer during the enquiry proceedings of the witnesses. However, if there is any difficulty in responding the summon, to appear before the Investigating Officer on a specific day, the petitioner herein can put forth the difficulty to appear before the investigating officer for non appearance and seek a convenient day to appear before the investigating officer and co-operate with the investigation.
3 With these observation, this criminal original petition is disposed of.
Sd/Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar
To
1 The Central Bureau of
Investigation (Anti-Corruption Branch)
Represented by the Superintendent,
of Police, III Floor, Shastri Bhavan,
No.26, Haddows Road, Chennai-600 006.
2 The Special Public Prosecutor for CBI,
High Court, Madras.
+1cc to Mr.G.Purushothaman, Advocate, S.R.No.41034
Crl.O.P.No.16466 of 2018
RJ(CO)
GSP(06/07/2018)
V. Rajendran and others
The Central Bureau of Investigation (Anti-Corruption Branch)
G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
