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2018 (6) TMI 1086 - HC - Indian LawsWhether a person summoned for investigation (and whose statement may be recorded) has the right to be represented by an advocate merely because the Authority investigating is empowered to take evidence? - Section 30 of the Advocates Act. Held that:- Section 30 provides a right both to the advocate to the practice, and to the litigant to engage the services of an advocate - Since the rule is that advocates must have the right of practice under Section 30 of the Advocates Act, necessarily, any exception to this rule cannot be lightly presumed and must be specifically provided under the statute. Since competition law in our country is in a nascent stage, the Commission, COMPAT and the Supreme Court have often relied on foreign jurisprudence and the position of EU antitrust laws and US in order to interpret the provisions of the Competition Act. Adopting a similar approach, it can be seen that both the US and the EU (or EC) allow parties to be represented by legal counsels at the investigation stage as well - Since the DG’s powers are so far-reaching and the consequences of an investigation by the DG so drastic, it would necessary that the right of a party/person to be accompanied by an advocate during the investigations by the DG, when the latter is collecting or recording evidence, not be taken away. Since the DG’s powers are so far-reaching and the consequences of an investigation by the DG so drastic, it would necessary that the right of a party/person to be accompanied by an advocate during the investigations by the DG, when the latter is collecting or recording evidence, not be taken away. The DG shall ensure that the counsel does not sit in front of the witness; but is some distance away and the witness should be not able to confer, or consult her or him. The Court does not deem it necessary or appropriate to say more on this aspect of the matter, leaving it to the Commission to decide the appropriate course. Appeal dismissed.
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