Overview
- The Supreme Court registered the case “In re: Summoning advocates who give legal opinion or represent parties during investigation of cases and related issues” for a July 14 hearing.
- The bench led by Chief Justice B. R. Gavai framed two core questions on whether lawyers who only provide advice can be summoned and when judicial approval should be required.
- The court has invited the Attorney General, Solicitor General, Bar Council of India and presidents of the Supreme Court Bar Association and Advocates-on-Record Association to submit inputs.
- This suo motu action follows Enforcement Directorate notices to senior advocates Arvind Datar and Pratap Venugopal that were later withdrawn and accompanied by an ED circular barring direct lawyer summons without director-level approval.
- The court warned that unchecked direct summons could chill legal representation and undermine lawyer-client privilege and the autonomy of the profession.