NEW DELHI: The Supreme Court on Wednesday said probe agencies cannot directly summon lawyers over matters involving their clients, calling such actions a direct threat to the administration of justice.
A bench comprising justices K V Viswanathan and N Kotiswar Singh took suo motu cognizance of the matter while hearing a plea by a lawyer who had been summoned by the Gujarat police in connection with a case involving his client.
“Permitting the investigation agencies/police to directly summon defence counsel or lawyers who advised parties in a given case would seriously undermine the autonomy of the legal profession and would even constitute a direct threat to the independence of the administration of justice,” the court said.
The court framed two questions: When an individual is involved in a case solely as a lawyer advising a client, can the investigating agency, prosecution, or police directly summon the lawyer?
And even if the agency believes the individual’s role goes beyond that of legal counsel, should such instances still require judicial oversight before any summons is issued? It sent the matter to the CJI for appropriate directions.