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New Delhi, Oct 31 (IANS) The Supreme Court on Friday put in place safeguards to prevent investigating agencies from summoning advocates representing accused persons, observing that such actions may violate the fundamental rights of the accused and violate statutory provisions protecting attorney-client privilege.
Chief Justice of India (CJI) BR Gavai and Justice K. The division bench of Vinod Chandran and NV Anjariya, while delivering its verdict in the suo motu case titled “Summoning of advocates rendering legal opinion or representing parties during the investigation of cases and related issues”, directed that investigating authorities shall not issue summons to advocates appearing for the accused except in narrowly defined circumstances, as provided for in Section 132 of the Indian Evidence Act (BSA). 2023.
The CJI Gavai-led bench further directed that when such summons are issued, they should not be approved by an officer below the rank of Superintendent of Police (SP).
To enable judicial review, the top court ordered that the summons should clearly state the facts and circumstances relied upon by the investigating agency.
The CJI Gavai-led bench clarified that summons to a lawyer can be issued only if the case falls under the exceptions enumerated under Section 132 of the BSA, 2023. Even in such cases, the exceptions applied must be clearly specified in the summons itself.
The suo motu proceedings were initiated after concerns were raised by the investigating agencies regarding calling of advocates for legal opinion or to represent clients in judicial proceedings.
During the hearing, the top court had said that such actions could strike at the root of the independence of the legal profession and undermine the legally protected attorney-client privilege.
Attorney General of India R. appeared on behalf of the Centre. Both Venkataramani and Solicitor General Tushar Mehta agreed that lawyers cannot be called merely to give legal advice.
However, Solicitor General Mehta had said that exceptional cases – such as when a lawyer is accused of participating in an illegal act – could be treated differently, subject to judicial oversight.
Earlier, a two-judge bench of Justices KV Vishwanathan and NK Singh had highlighted the need for comprehensive guidelines, saying summoning advocates in such circumstances is not only a violation of their professional rights but also a serious threat to the autonomy of the Bar.
The Supreme Court Advocates-on-Record Association (SCAORA) had also urged the top court to give clear directions to protect the sanctity of the lawyer-client relationship and prevent any misuse of investigative powers against legal professionals.
–IANS
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