The Supreme Court expressed serious concern on Wednesday regarding instances of investigating agencies and police summoning and sending notices to lawyers. The court, taking cognizance of the matter, stated that it is unacceptable to directly summon lawyers involved in a case who are providing legal counsel to the defense.
New Delhi: The country’s apex court voiced b concerns on Wednesday regarding the trend of investigating agencies directly summoning lawyers. A two-judge bench comprising Justices K.V. Viswanathan and N. Sithara Singh issued a strict remark, stating that this action is prima facie unacceptable as it not only undermines the professional freedom of lawyers but also threatens the independence and impartiality of the justice system.
Court’s Clear Stance: ‘Lawyers’ Fearlessness is Crucial’
The bench stated in its order that directly summoning a lawyer who is merely providing legal advice by a investigating agency or police constitutes the beginning of a dangerous precedent. This could make lawyers hesitant to fulfill their roles with fearlessness and freedom. The impartial role and bold presentation of lawyers are pillars of democracy within the judicial system, and should never be weakened under any circumstances.
Two Important Questions Raised
The Supreme Court, after considering the matter in detail, has raised two important questions:
- If a lawyer is only providing legal advice, does a investigating agency or police have the authority to directly summon them?
- If an agency believes that a lawyer’s role extends beyond advisory to include participation in a criminal conspiracy, should they issue summons directly in such cases, or should such action be undertaken under a judicial oversight mechanism?
To facilitate a comprehensive debate on these questions, the Supreme Court has decided to seek assistance from the country’s top legal institutions and officials. This includes Attorney General R. Venkataramani, Solicitor General Tushar Mehta, President of the Bar Council of India, Mr. Manan Kumar Mishra, President of the Supreme Court Bar Association, Mr. Vikas Singh, and President of the Supreme Court Advocates on Record Association, Mr. Vipin Nair.
Interim Relief Granted; Notice Issued to Gujarat Government
The Supreme Court made these observations during the hearing of a petition filed by a lawyer from Gujarat, who challenged a high court order directing him to appear before the police. The court granted interim relief to the petitioner, stayed the High Court’s order of June 12, and also stayed the implementation of the summons and notices sent to the lawyer.
Furthermore, a notice has been issued to the Gujarat government, seeking its response to the matter. The court has also directed that the case be presented before the Chief Justice (CJI) to enable the issuance of comprehensive and policy-oriented directions on the issue.
Questions Raised Over Previous Notices by ED
It is worth noting that recently, the Enforcement Directorate (ED) had issued summons to Supreme Court senior advocate Arvind Dattar and Pratap Venugopal in a case, triggering widespread concern within the legal community. Several lawyer associations protested against this action, describing it as an interference with the freedom of lawyers. Subsequently, the ED was forced to recall the summons and issued an internal circular advising against such actions.
