Supreme Court to Decide If Investigative Agencies Can Summon Lawyers Over Legal Advice Given to Clients
The Supreme Court has taken up a suo motu case to decide whether investigative agencies can summon lawyers for giving legal advice or representing clients during investigations
The Supreme Court of India has taken up a suo motu case to look into whether police and investigative agencies can call lawyers for questioning just because they gave legal advice to their clients or represented them during investigations. The case is titled “In Re: Summoning Advocates Who Give Legal Opinion or Represent Parties During Investigation of Cases and Related...
The Supreme Court of India has taken up a suo motu case to look into whether police and investigative agencies can call lawyers for questioning just because they gave legal advice to their clients or represented them during investigations.
The case is titled “In Re: Summoning Advocates Who Give Legal Opinion or Represent Parties During Investigation of Cases and Related Issues,” and will be heard on July 14 by Chief Justice BR Gavai, Justice K Vinod Chandran, and Justice NV Anjaria.
The Supreme Court took this case after a recent incident where the Gujarat Police sent a notice to a lawyer who was representing an accused person, asking him to appear for questioning. The bench comprising Justice KV Viswanathan and Justice NK Singh stopped the notice on June 25, stating that calling lawyers for questioning in such cases could harm the independence of lawyers and affect fair justice.
The bench then sent the matter to the Chief Justice, and on July 4, the court officially registered the suo motu case.
Recently, there was also a major controversy when the EnforcementDirectorate (ED) issued summons to two senior lawyers, Arvind Datar and Pratap Venugopal, for the legal advice they had given to clients.
This led to protests by bar associations across the country who said this action was against the lawyers’ independence and could stop them from giving honest advice to their clients. Following these protests, the ED took back the summons and issued a circular stating that no lawyer should be summoned without the prior approval of the ED Director.
This case in the Supreme Court is important because it will decide if lawyers can be questioned by investigating agencies about the advice they give to clients, which is supposed to be confidential.
The case will also look into protecting the independence of lawyers so they can do their job without fear of harassment or interference, ensuring that people can get fair legal help during investigations. The outcome will be important for the legal profession and for protecting the rights of clients across India.
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