‘Would seriously undermine legal profession’s autonomy’: SC to examine if investigative agencies can summon lawyers for advice to clients

The bench said it will examine whether “when an individual has an association with a case only as a lawyer advising the party, could the investigating agency/prosecuting agency/police directly summon the lawyer for questioning?”

The bench said it will also examine whether “assuming that investigating agency/prosecuting agency/police have a case that the role of the individual is not merely as a lawyer, but something more, even then should they be directly permitted to summon or should judicial oversight be prescribed for those exceptional criteria?”

The bench directed that the matter be placed before the Chief Justice of India for suitable directions. It also sought the assistance of Attorney General R Venkataramani, Solicitor General Tushar Mehta, Bar Council of India Chairman Manan Kumar Mishra, SCBA President Vikas Singh and SCAORA President Vipin Nair in the matter.

The development comes close on the heels of the Enforcement Directorate summoning two Senior Advocates, Arvind Datar and Pratap Venugopal, only to withdraw them subsequently.

On Wednesday, the bench observed, “The Legal profession is an integral component of the process of administration of justice. Counsels who are engaged in their legal practice have certain rights and privileges guaranteed because of the fact that they are legal professionals, and also due to statutory provisions. Permitting investigating agencies/police to directly summon defence counsel/advocates who advise 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”.

“What is at stake is the efficacy of the administration of justice and the capacity of the lawyers to conscientiously, and more importantly, fearlessly discharge their professional duties. Since it is a matter directly impinging on the administration of justice, to subject a professional to the beck and call of the investigating agency/prosecuting agency/police where he’s a counsel in the matter prima facie appears to be untenable.”