Accused is entitled to consult his Advocate out of the hearing of the police
That being the true position at this date, certain propositions seem to follow almost axiomatically from it :
(1) that ever since his arrest, the accused has a right to be consulted by a legal adviser of his choice and to be defended by him;
(2) in order that such consultation may be effective, interviews must be allowed to his counsel, when asked for, out of the hearing of the police though within their presence, and
(3) that such a right must of course not be abused and must be granted subject to reasonable restrictions as to time and convenience of the police authorities, no less than that of the party seeking the interview.
It must be clearly understood, however, that the police must not in any way obstruct such interviews on arbitrary or fanciful grounds with a view to deprive the accused of his fundamental right.
Rajasthan High Court
Moti Bai vs The State on 4 August, 1954
Equivalent citations: 1954 CriLJ 1591
