In a significant ruling delivered on Friday, the Supreme Court held that investigative agencies cannot summon lawyers in connection with legal advice provided to their clients, unless prior approval is obtained from a Superintendent of Police (SP).
A Bench comprising Chief Justice B.R. Gavai, Justice K. Vinod Chandran, and Justice N.V. Anjaria passed the order while hearing a case related to the Enforcement Directorate (ED) summoning senior advocates Arvind Datar and Pratap Venugopal in a money-laundering probe.
The Court quashed the ED notices issued to the lawyers, stating that such action violates the fundamental rights of accused persons, who have the constitutional freedom to choose their legal representation.
Justice Chandran observed that the Court has urged authorities to harmonize existing exemptions meant to protect legal professionals and has issued fresh guidelines to safeguard lawyers from undue pressure or harassment by investigative agencies.
These guidelines, the Bench emphasized, are aimed at preserving the independence of the legal profession and ensuring that advocates can discharge their duties without fear of coercion.
The ruling reinforces the principle that lawyers cannot be penalized or interrogated merely for defending clients or offering them legal advice — a cornerstone of the justice system and the right to fair legal representation.
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