Case Law Details
SUMMARY OF THE CASE LAWS
The relief sought for by the petitioner seeking permission to be accompanied by an advocate of his choice when he appears before the Enforcement Directorate in pursuance of the summons issued under section 37 of the Foreign Exchange Management Act, 1999 and recording of statement in the presence of an advocate who will be present beyond the hearing distance does not require any consideration.
RELEVANT PARAGRAPH
These writ petitions have been filed for mandamus directing the respondent to permit the petitioner to be accompanied by an advocate of his choice when he appears before the respondent in pursuant of the summons issued to them under Section 37 of The Foreign Exchange Management Act, 1999 (FEMA) and recording of statement, though the advocate will be present beyond the hearing distance, if need be.
7.6. The question that arises for consideration is whether at the stage of preliminary investigation, can the petitioners seek the assistance of a lawyer.
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“Petitioner has no right to take his counsel with him at time when his statement is recorded by Enforcement Directorate pursuant to summons issued u/s 37 of FEMA, 1999”
Aug 20, 2010
Sir, isn’t Infringment of fundamental Right ?, I have appeared in one case where I have find that the authority cocern wants to Statements as he wish and twisting the question and metioning only for his use. The Petitioners find him self helpless at that time, if the Law is adament to infriged fundamental right, but it should be mendetary to start camera and recorder for establishment of facts, if these facility will not be introduce, the Act should be challeged for null and voide.