Overview

• A bench led by Chief Justice Bhushan R. Gavai with Justice K. Vinod Chandran issued notice to the Centre, states and union territories.
• Lawyer Shaffi Mather’s PIL, argued by senior advocate Menaka Guruswamy with AOR Prateek K. Chadha, says agencies do not uniformly allow access despite protections under Articles 20(3), 21 and 22(1).
• The plea seeks a reading of Section 41D of the CrPC, Section 38 of the BNSS and special laws including the PMLA, NDPS Act and Customs Act to ensure full, effective presence of counsel during interrogation.
• When asked for specific instances, the petitioner cited the National Campaign Against Torture’s 2019 report, which recorded 125 custodial deaths, including 93 in police custody.
• Requested safeguards include mandatory notice of rights, video‑recorded questioning and judicial oversight of any exceptions, with further hearings to follow after governments file replies.