NEW DELHI: In a significant observation reaffirming the independence of the legal profession, the Supreme Court on Wednesday ruled that police or investigative agencies cannot issue summons or notices to advocates merely because they represent an accused or have provided legal advice.
The ruling comes shortly after the Enforcement Directorate (ED) faced criticism for issuing summons to senior advocates Arvind Datar and Pratap Venugopal in connection with a case.
A bench comprising Justices K V Viswanathan and N Kotiswar Singh stayed a notice issued by the Gujarat Police’s SC/ST Cell to the lawyer of an accused, summoning him as a witness. Taking cognizance of the broader implications, the bench sought assistance from top legal authorities including Attorney General R Venkataramani, Solicitor General Tushar Mehta, Bar Council of India Chairperson Manan Kumar Mishra, Supreme Court Bar Association (SCBA) President Vikas Singh, and Supreme Court Advocates-on-Record Association President Vipin Nair.
“What is at stake is the efficacy of the administration of justice and the ability of lawyers to conscientiously—and more importantly, fearlessly—discharge their professional duties,” the court noted.
The bench observed that summoning a lawyer involved in a case simply because of their professional role as legal counsel appeared, prima facie, to be legally untenable and could directly undermine the integrity of the justice system.
“Since this issue directly impacts the administration of justice, the matter warrants further consideration by the court. In view of its importance, let the case file be placed before the Chief Justice of India for appropriate directions,” the bench said.
