GST: Delhi HC refuses to allow presence of Advocate during Statement Recording by DGGI HQ [Read Order]

GST - Delhi High Court - Statement Recording - DGGI - DGGI HQ - Taxscan

The Delhi High Court (HC) rejected the petition seeking the presence of an Advocate during the statement recording by the Directorate General of GST Intelligence(DGGI) HQ.

Ramesh Jethi, the petitioner prayed to issue a Writ of Mandamus directing the officers working under the charge and subordinate to the Respondent to permit the presence of the Petitioner’s counsel while interrogating in conformity with the law propounded by the Supreme Court.

Further, to direct the Respondent to interrogate without harassment following the guidelines laid down by the Supreme Court in judgments cited supra, promptly without undue delay and during office hours i.e. from 10:00 A.M. to 5:00 P.M. with usual breaks.

A single member comprising of Justice Yogesh Khannaobserved that the police complaint does not indicate any real and live possible threat which per se is required for seeking relief as sought in the petition.

In the absence of any possible threat, the court refused to grant relief to the petitioner and dismissed the petition. Ms Reena Rawat and Mr Jitendra Singh, Advocates appeared on behalf of the petitioner and Mr Harpreet Singh, Sr Standing Counsel, Ms Suhani Mathurand Mr Jatin Kumar Gaur, Advocates appeared on behalf of the respondent.

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