Particle.news

Download on the App Store

Supreme Court Rules Out Direct Summons of Lawyers by Probe Agencies

Having stayed a Gujarat advocate’s summons, the court has called on senior legal figures to help draft protections for legal advice

Image
The development comes just days after the Enforcement Directorate (ED) issued, and subsequently withdrew, summons to two senior Supreme Court advocates, triggering widespread outrage over the perceived breach of lawyer-client privilege and professional independence. (HT Photo)
Image
The Supreme Court observed that summoning lawyers for advising clients can shatter the core of legal independence (PTI)

Overview

  • The Supreme Court ordered a stay on police summons to a Gujarat-based lawyer and barred any further coercive action until new guidelines are in place
  • A bench led by Justices K.V. Viswanathan and N. Kotiswar Singh framed two key questions on direct summons of counsel and the need for judicial oversight
  • The court sought assistance from the Attorney General, Solicitor General, Bar Council of India and presidents of SCBA and SCAORA to formulate procedural safeguards
  • The Enforcement Directorate issued a circular instructing officers not to summon advocates under Section 132 of the Bharatiya Sakshya Adhiniyam, 2023 without its director’s approval
  • Earlier ED summons to senior advocates Arvind Datar and Pratap Venugopal were withdrawn after legal bodies condemned the actions as a threat to lawyer-client privilege