Additional Solicitor General (ASG) SV Raju, appearing for the ED, argued that Jain is not yet an accused in the matter and, therefore, Article 20 protection cannot be granted to him.
The ASG submitted that even if a person is arrested, he will acquire the status of an ‘accused’ only after being named in the FIR or complaint.
“We anyways have facilities for video recording but he (Jain) has given a written statement saying he does not want this facility. I can submit his statement in a sealed cover as well,” the ASG said.
Senior Advocate Dr Abhishek Manu Singhvi appearing for Jain, contradicted the ASG’s submission, stating that ED’s own remand application names him as an accused.
“They have repeatedly called me an accused. Their remand application starts with the word accused. I am searching for his certificate of not being an accused,” he said.
Singhvi added that the petition is an abuse of process of law and should be dismissed with costs.
“They have had a lawyer present during his investigation at a distance for the last few days. It has been going on without any issue. This petition is an abuse of process of law and should therefore be dismissed with costs.”
Source: Barandbench
