Parties Summoned By CCI DG Have Right To Be Accompanied By Advocates But Can’t Consult Them While DG Collects Evidence: Delhi HC [Read Judgment]

The DG shall ensure that the counsel does not sit in front of the witness; but is some distance away and the witness should be not able to confer, or consult her or him, the bench said.Though upholding the right of parties summoned by the Director-General for investigation under the Competition Act to be accompanied by advocates, the Delhi High Court has directed the DG to ensure that. Though upholding the right of parties summoned by the Director-General for investigation under the Competition Act to be accompanied by advocates, the Delhi High Court has directed the DG to ensure that ‘the counsel does not sit in front of the witness; but is some distance away and the witness should be not able to confer, or consult her or him’. The Competition Commission Of India had approached the division bench of Delhi High Court against the single bench order that allowed officials of a company summoned by the CCI to be accompanied by advocates. Adopting a similar approach, it can be seen that both the US and the EU allow parties to be represented by legal counsels at the investigation stage as well.” Witness should be not able to confer or consult advocate However, the court noted the concern of CCI that during the course of investigation and recording of evidence of a witness, the active participation of a counsel may not be conducive to the larger public interest in promoting competition, because of the likelihood of a counsel cautioning a witness from making or refraining from making a statement.