TMI Blog2015 (10) TMI 2086X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - Special Civil Application No. 3136 of 2015 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e respondent not to torture or man handle the petitioner during the investigation and it is prayed that the petitioner be permitted to be accompanied by the lawyer during the investigation. 4. Mr. Nanavati, learned Senior Counsel appearing for the petitioner, during the course of hearing, by relying upon two decisions of the Division Bench of this Court dated 25.09.2008 in Civil Application No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and counter allegations regarding ill-treatment, we find that the basic thread is voluntariness of the statement, even during the interrogation. As there is apprehension alleged based on the so-called ill-treatment given to the other officers of the Company and the police complaint is also filed, we find that it would be appropriate to allow the lawyer of the petitioner to remain present within si ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner No.2, shall be permitted to remain present during the interrogation by the Revenue authority, if any, but the said lawyer would remain present within the sight and not within the hearing range. It is clarified that the aforesaid direction has been issued for maintaining transparency in the interrogation and with a view to allay apprehension and all rights and contentions of both the sides, as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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