From what I know, when the CBI calls someone for questioning (without courting arrest), then the said person has to come on their own, without anyone accompanying them.
But if they are arrested, the person can seek CBI's permission to bring their lawyer along with them. But CBI needs to give approval for the same. In many cases, where CBI does not give approval for the lawyer to be present during interrogation, the accused may appeal to the HC for the same.
In anycase, it doesn't matter, because the CBI has far higher authority than the state police and they can tell the lawyer to leave during interrogation, if they feel that they are interfering in the investigation. Which is why Rhea's lawyer was staunchly opposing the transfer of case from Mumbai Police to CBI. He basically has very limited power now, at least when CBI decides to speak with Rhea. The last example I can remember is Chidambaram's lawyers not being allowed to be part of the interrogation procedure, when CBI arrested him.
Edited by rainbow2017 - 5 years ago
0