Overview
- A bench led by Chief Justice B.R. Gavai issued directions in a suo motu case and quashed the specific summons that triggered the proceedings.
- Investigators may not summon an advocate for case details unless the request fits Section 132 of the Bharatiya Sakshya Adhiniyam exceptions, cites specific facts, and carries written approval from a superior officer of at least Superintendent of Police rank.
- Any summons to a lawyer is subject to judicial review under Section 528 of the Bharatiya Nagarik Suraksha Sanhita.
- Documents held by counsel are not privileged for production but must be produced to the court, and digital devices can be examined only under court supervision with safeguards to protect other clients’ confidentiality.
- The Court declined to require magisterial pre‑approval, clarified that in‑house counsel are outside Section 132 protection though Section 134 may cover legal‑advisor communications, and disposed of the case sparked by ED summons to senior advocates.