NEW DELHI: The Supreme Court on Friday laid down safeguards restricting investigating agencies from summoning advocates representing accused persons, observing that such actions could infringe upon the fundamental rights of the accused and violate statutory provisions protecting lawyer-client privilege.
A Bench of Chief Justice of India (CJI) B.R. Gavai and Justices K. Vinod Chandran and N.V. Anjaria, delivering its decision in the suo motu case titled “In Re: Summoning Advocates Who Give Legal Opinion or Represent Parties During Investigation of Cases and Related Issues”, directed that investigating officers will not issue summons to lawyers appearing for the accused except under narrowly defined circumstances, provisions provided in Section 132 of the Bharatiya Sakshya Adhiniyam (BSA), 2023.
The CJI Gavai-led Bench further directed that when such summons are issued, they must be approved by an officer not below the rank of Superintendent of Police (SP).