NEW DELHI: The Supreme Court on Wednesday said that investigative agencies cannot directly summon lawyers over matters involving their clients, calling such actions a direct threat to the administration of justice.
A Bench comprising Justice K V Viswanathan and Justice N Kotiswar Singh took suo motu cognisance of the matter while hearing a plea by a lawyer who had been summoned by Gujarat police in connection with a case involving his client.
"Permitting the investigation agencies/police to directly summon defence counsels 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.
Such an action prima facie is untenable, it further said. The Court said it would require the assistance of the Attorney General for India R Venkataramani, the Solicitor General of India Tushar Mehta , the Bar Council of India (BCI) Chairman Manan Kumar Mishra ,President of the Supreme Court Bar Association (SCBA) Vikas Singh and the President of Supreme Court Advocates-on-Record Association (SCAORA) Vipin Nair on the issue.
The Court framed two critical questions for consideration: 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? Emphasizing the seriousness of the matter, the Court underscored that both questions must be addressed comprehensively, as the integrity and efficacy of the administration of justice are at stake
Considering the importance of the matter, the Court ordered that the matter be placed before the Chief Justice of India (CJI) for appropriate directions.
Meanwhile, the Court granted interim relief to the lawyer who was summoned by the police in Gujarat.
“There shall be a stay on the High Court order and a stay on the operation of summons and any other notices issued to the petitioner,” the Court ordered.
The court order comes just days after a controversy broke out over Enforcement Directorate (ED)'s summons to Senior Advocates Arvind Datar and Pratap Venugopal in relation to an investigation involving the Employee Stock Option Plan (ESOP) granted by Care Health Insurance (CHIL) to former Religare Enterprises Chairperson Rashmi Saluja.
Both summons were withdrawn following strong resolutions issued by Bar associations across the country. In response, the ED also issued a circular directing its officials not to summon advocates in violation of Section 132 of the Bharatiya Sakshya Adhiniyam, 2023. The Supreme Court Advocates-on-Record Association (SCAORA) had earlier written to Chief Justice B.R. Gavai, urging the Court to take suo motu cognizance of the increasing instances of lawyers being summoned by investigating agencies.