Overview
- Delivering a final order in a suo motu case, a bench led by Chief Justice B.R. Gavai restrained investigating officers from calling advocates for client details or legal advice.
- Any summons to an advocate must fall within Section 132 BSA exceptions, specify the precise facts relied upon, secure prior consent from a superior officer not below Superintendent rank, and be open to judicial review under Section 528 BNSS.
- The Court mandated strict protocols for digital devices, requiring production before the jurisdictional court, notice to the lawyer and client, and access only in their presence with technical experts to protect unrelated privileged material.
- The bench set aside Enforcement Directorate summons issued to senior advocates Arvind Datar and Pratap Venugopal and disposed of the suo motu proceedings with binding directions.
- The judgment clarified that privilege does not extend to communications furthering illegality or to lawyers personally involved in crime, establishing a uniform standard for ED, CBI and police investigations.