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| Nago brothers advocates creating hurdles in investigating accused: SIT | | CJM directs counsel to file objections | |
Early Times Report
Jammu, Nov 24- Special Investigation Team (SIT), constituted to investigate the much publicized Amandeep murder case, today filed an application before the Chief Judicial Magistrate Jammu against the advocates of Choudhary brothers for not allowing the investigation of Choudhary Nagar Singh, Jaggar Singh and Rakesh Kumar real brothers who surrendered before the Court of Munsiff at RS Pura on November 17 and later taken into police custody on November 21 for further investigation.
CJM Jammu YP Bourney, after gone through the application filed by SIT, issued direction to the counsel appearing for the Choudhary brothers to file objections on November 25, 2009.
In the application SIT seeks clarification of the order of November 21, 2009 to the extent it permitted the accused persons to be assisted by their counsel during custodial interrogation, in view of the established law particularly the guidelines laid down by the Supreme Court of India in a DK Basu’s case “in which the Supreme Court held that the arrestee may be permitted to meet his lawyer during interrogation though not through the interrogation”.
The SIT in its application alleged that two lawyers nominated by the accused in this Court created ruckus during the interrogation and are interfering, nagging all the efforts of investigators even to ask the question which are simple in nature to the accused persons. It is stated that both the lawyers remained present during interrogation till late night hours and on November 23, 2009 got Vakalatnama while another Advocate Baldev Singh signed from the accused for being present during interrogation. The order of the Court has made it impossible for the SIT to interrogate and investigate the matter. It was further submitted by the SIT that in the present case it is the accused persons who required to be interrogated as all the questions which are being put to the accused persons are being answered by their counsel and seeking clarification of the order dated November 21, 2009 to the extent it permitted the accused persons to be assisted by their counsel during custodial interrogation.
In the meanwhile, the counsel for the Choudhary brothers filed an application before the CJM seeking permission for third Advocate namely Ajay Singh Kotwal to assist the accused persons during the investigation. Upon this, CJM directed CPO to file objection. JNF
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