Overview
- Investigating officers cannot summon advocates for client advice or representation unless the case falls within the exceptions to Section 132 of the Bharatiya Sakshya Adhiniyam and a Superintendent of Police has recorded written approval.
- Any notice to an advocate must set out the specific facts relied upon and is open to judicial review under the Bharatiya Nagarik Suraksha Sanhita.
- The court quashed Enforcement Directorate summons to senior advocates Arvind Datar and Pratap Venugopal, finding the actions impermissible.
- Documents in an advocate’s possession must be produced before the jurisdictional court for objections and admissibility rulings, and digital devices may be accessed only under court supervision in the presence of the lawyer, the client, and chosen technical experts, with other clients’ confidentiality protected.
- The bench declined to require magisterial pre-clearance for such summons and clarified that in‑house counsel are outside Section 132’s privilege, though Section 134 provides separate protection for employer–advisor communications.