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Supreme Court Bars Summoning Lawyers for Advice, Permits Questions over Criminal Aid

Chief Justice Gavai’s bench asked India’s top law officers to review bar bodies’ proposals before the August 12 hearing on formal summons guidelines

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A view of Supreme Court (Sonu Mehta/HT FILE PHOTO)

Overview

  • The Supreme Court declared that lawyers hired solely to give legal advice to clients under investigation cannot be summoned by probe agencies.
  • It held that only counsel suspected of actively facilitating criminal conduct may be questioned in investigations.
  • A bench led by Chief Justice Gavai asked the Attorney General and Solicitor General to review formal proposals from the Supreme Court Bar Association and the Advocates-on-Record body.
  • The matter is scheduled for further hearing on August 12, when the Centre must respond to the proposed guidelines.
  • Bar associations have urged that any summons of lawyers receive senior agency approval or magistrate oversight to preserve lawyer-client privilege.