Whether accused can make conversation with his lawyer during interrogation by police?

We may, however, at this stage refer to another decision of this Court in D.K. Basu v. State of West Bengal MANU/SC/0157/1997 : (1997) 1 SCC 416. In this case, the Court, extensively considered the issues of arrest or detention in the backdrop of Articles 21, 22 and 32 of the Constitution and made a number of directions to be followed as preventive measures in all cases of arrest or detention till legal provisions are made in that behalf. The direction at serial number 10 in paragraph 35 is as follows:
(10). The arrestee may be permitted to meet his lawyer during interrogation, though not throughout the interrogation.
28. Strictly speaking the aforesaid direction does not apply to the case of the Respondent, because he being on bail cannot be described as an arrestee. But, it is stated on behalf of the Respondent that he suffers from heart disease and on going to the DRI office, in pursuance to the summons issued by the authorities, he had suffered a heart attack. It is also alleged that his brother was subjected to torture and the Respondent himself was threatened with third degree methods. The medical condition of the Respondent was accepted by the Metropolitan Sessions Judge and that forms one of the grounds for grant of anticipatory bail to him. Taking a cue, therefore, from the direction made in DK Basu and having regard to the special facts and circumstances of the case, we deem it appropriate to direct that the interrogation of the Respondent may be held within the sight of his advocate or any other person duly authorized by him. The advocate or the person authorized by the Respondent may watch the proceedings from a distance or from beyond a glass partition but he will not be within the hearing distance and it will not be open to the Respondent to have consultations with him in course of the interrogation.

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 1266 of 2011 (Arising out of SLP (Crl.) No. 628 of 2008)
Decided On: 05.07.2011

Senior Intelligence Officer
Vs.
Jugal Kishore Samra

Hon'ble Judges/Coram:
Aftab Alam and R.M. Lodha, JJ