Right to Custodial interrogation of Jail inmates by Agencies remains even if VC facility is available, Read SC Order

  

The Supreme Court has clarified that Right to Custodial interrogation of Jail inmates by Agencies wouldn't be affected by Court's instruction for video conferencing facility at the Jails.

In regard to Unitech Case, the Court said its direction for VC facility to be made available at the Jails where the accused Chandra brothers are housed so they can record their presence in the court proceedings wherever required, wouldn't come in the way of the Enforcement Directorate. The Agency can well move requisite application before the Magistrate for the purpose of seeking their custodial interrogation.

Previously, the SC had pulled Tihar Jail Authorities for acting in connivance with the Chandra brothers in engaging in illegal activities by flouting the jail manual, dissipating proceedings, derailing investigation etc.

"Tihar jail officials acted in connivance with them. We will take the officials to task... Tihar has become a safe haven for criminals and the jail superintendent is shameless as it is happening in national capital. We will deal with the jail authorities separately,"

In view of this, the bench comprising of Justice D. Y. Chandrachud and Justice M. R. Shah ordered to shift ex-Unitech Promoters Sanjay Chandra and Ajay Chandra from Tihar jail to Mumbai's Arthur Road jail and Taloja Jail, to be housed separately. The Court also asked for Video Conferencing facility at jail for further proceedings.

On Wednesday, the Supreme Court noted that an IA has been moved by the Assistant Director in the Enforcement Directorate seeking a clarification of the order of this Court of August 26 as the Enforcement Directorate sought custodial interrogation of the accused persons. The Agency had moved an application before the Magistrate and accordingly production warrants have been issued twice.

The Court thus clarified:

"Having regard to the contents of the IA, which has been filed by the Enforcement Directorate, we clarify that the order dated 26 August 2021 would not come in the way of the Enforcement Directorate in moving the requisite application before the Magistrate for the purpose of seeking custodial interrogation of the accused which shall be decided on its own merits. We also clarify that in the event that custodial interrogation is granted by the Magistrate, the accused shall be transferred back to the Jails to which they were directed to be lodged in terms of the order dated 26 August 2021",

In regard whether the accused can be permitted to move an application before the Magistrate in order to seek the facility of consulting with the lawyers, the Court noted:

"We leave it open to the accused to move an application before the concerned Magistrate. This Court has not expressed any opinion on the maintainability or merits of such an application. The Magistrate would consider the application strictly in accordance with the applicable legal provisions", 

Read Order Here:

  

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(With input from news agency language)

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