The Indian Supreme Court has expressed serious concern over the recent practice of lawyers being summoned by the police or investigating agencies regarding legal advice given to their clients. The Supreme Court said that such actions pose a direct threat to the independence of the legal profession.
"The legal profession is an integral part of the process of administration of justice. Lawyers who are engaged in their legal practice are entitled to certain rights and privileges by virtue of being legal professionals and also by virtue of statutory provisions," the court said.
The court said allowing police or investigating agencies to directly summon defence lawyers or legal advisers involved in a case would not only undermine the autonomy of the legal profession but also affect the independence of the entire justice system.
Read also: "Black Cat Commando Must Surrender: Supreme Court Denies Exemption in Dowry Death Case"
The matter was heard by a bench of Justices KV Vishwanathan and N Kotiswar Singh, who said the issue needed a thorough legal scrutiny. They found merit in the argument put forward by the petitioner-lawyer that lawyers are bound by professional ethics to maintain confidentiality about the advice and information shared by their clients.
"Permitting investigating agencies/police to summon advocates who are employed as counsel in the case or who have advised the parties is violative of the rights of advocates, as also seriously threatens the autonomy of the legal profession," the petitioner said.
Read also: Supreme Court Summons UP Jailor for Ignoring Bail Order, Calls It 'Travesty of Justice'
The bench framed two main questions for consideration:
- Can a lawyer, who is merely advising a party, be directly summoned by the police or investigating agencies?
- If the role of a lawyer goes beyond merely advising, should judicial monitoring be mandatory before they are summoned?
Keeping in view the sensitivity of the issue and wider implications, the court has sought assistance from top legal authorities, including the Attorney General of India, Solicitor General, President of the Bar Council of India, Chairman of the Executive Committee of the Supreme Court Bar Association (SCBA) and Chairman of EC SCAORA.
The matter is now placed before Chief Justice of India BR Gavai for further directions and appropriate orders.
Read also: PIL filed in Supreme Court Seeking Grounding of Air India's Boeing Fleet After Ahmedabad Plane Crash
This development comes after a recent incident in which two senior Supreme Court advocates were summoned by the Enforcement Directorate (ED) for providing legal advice to a client. The summons sparked outrage in the legal community, with several senior members seeking suo motu action by the Court to protect the independence of the legal profession. Following protests, the summons were later withdrawn.
During the protests, a member of the legal community said, "Permitting such action by agencies strikes at the core of legal independence and client confidentiality."
This is an important and developing case, and the final decision of the Supreme Court is expected to have a lasting impact on the rights of advocates and the professional space they are allowed to operate in freely.
Case Title: ASHWINKUMAR GOVINDBHAI PRAJAPATI Versus STATE OF GUJARAT AND ANR.
