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New Delhi, Oct 30 (IANS) The Supreme Court is set to pronounce its verdict on Friday in a suo motu case related to the practice of calling advocates by investigating agencies to provide legal advice to clients or represent them before judicial forums.
According to the cause list published on the apex court website, Chief Justice of India (CJI) BR Gavai and Justice K. A bench of Justices Vinod Chandran and NV Anjaria is likely to lay down the guidelines in the case titled “In Re: Summoning Advocates Who Give Legal Opinion or Represent Parties During Investigation of Cases and Related Issues”.
The suo motu proceedings were initiated earlier this year after several instances came to light in which investigating agencies had issued summons to lawyers in connection with advice given to their clients.
The top court had said such actions could strike at the root of the independence of the legal profession and undermine the constitutionally protected attorney-client privilege.
During the previous hearing, a bench led by CJI Gavai had expressed concern over the summoning of advocates by agencies like the Enforcement Directorate (ED) and state police departments.
“How can lawyers be subpoenaed like this? This is privileged communication,” underscoring that communications between a lawyer and their client are protected from disclosure.
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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