Overview
- A bench of CJI B. R. Gavai and Justice K. Vinod Chandran issued notice and called for replies from the Union, all states and union territories.
- Filed by advocate Shaffi Mather with Advocate-on-Record Prateek K. Chadha, the PIL was argued by senior advocate Menaka Guruswamy.
- The plea seeks a declaration that individuals have a right to a lawyer’s presence during police or agency questioning, and asks that CrPC Section 41D, BNSS Section 38 and PMLA Section 50 be read to guarantee nondiscretionary access.
- The bench requested concrete instances of duress, and counsel cited the National Campaign Against Torture’s 2019 report and NHRC findings, including data on custodial deaths.
- The petition challenges practices such as “visible but not audible” access under special laws including PMLA and NDPS, and seeks safeguards like notices of rights, video-recorded interrogations and judicial oversight of any exceptions.