Probe Agencies Can’t Summon Lawyers For Giving Legal Advice to Clients: Supreme Court
The Wire Staff
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New Delhi: Investigating agencies cannot summon a lawyer for merely rendering legal advice to his/her client who is under investigation, the Supreme Court has ruled.
The apex court had taken suo moto cognisance of the matter after Enforcement Directorate (ED) issued summons to two senior lawyers for rendering legal service.
A division bench headed by Chief Justice of India (CJI) B.R. Gavai during the resumed hearing of the case, categorically made a verbal observation that if a lawyer is “assisting the client in crime”, then he/she can be summoned for questioning.
During the hearing, Supreme Court Bar Association president Vikas Singh suggested that central agencies should take permission from the superintendent of police for issuance of summons to lawyers.
He further proposed that summons to a lawyer should be sent only after the concerned judicial magistrate clears the same, reported The Economic Times.
The report stated, appearing on behalf of the central government, solicitor general Tushar Mehta stated that “one incident should not be allowed to lead to ‘unmanageable’ guidelines" and reiterated that “lawyers cannot be summoned for giving legal advice to their clients.”
On July 22, admitting the case, the apex court bench had said that it was “shocked” to learn about summons being issued to senior lawyers by ED for legal opinion rendered to their clients. The CJI had then said that guidelines need to be framed in this regard.
“Even if it is wrong, it is a privileged communication (between a lawyer and a client). How can ED summon lawyers?” Gavai had asked.
He had said, “ED officers are crossing all limits. They must know that under law, communication between a lawyer and his client is a privileged communication.”
Reacting to the ED’s action, a joint plea was also submitted before the Supreme Court by SCBA president Vikas Singh, SC advocates on record president Vipin Nair, senior advocates Mukul Rohatgi and Vijay Hansaria to act on the matter and frame rules for the central agencies.
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