ISSUE:
Whether a person summoned for interrogation is entitled to have a lawyer present during questioning?
Whether the respondent, who was not formally accused, could claim the right against self-incrimination under Article 20(3) of the Constitution?
Whether the High Court’s direction mandating interrogation only in the presence of an advocate was legally sustainable.
RULE:
The right against self-incrimination under Article 20(3) applies only when a person is an accused. A person summoned for questioning under statutory powers is not entitled to this protection at the investigation stage.
Article 22(1) guarantees the right to consult a lawyer but does not extend to having legal counsel present during interrogation. Permitting such presence would impede the investigative process and is not a recognized right under Indian law.
Judicial discretion may be exercised in exceptional circumstances, such as medical vulnerability or allegations of coercion. In such cases, procedural safeguards can be imposed to ensure fairness without obstructing the investigation.