Summoning advocates

Blitz Bureau

THE Supreme Court has mulled formation of guidelines for probe agencies on issuing summons to legal professionals for providing legal opinions to clients or for representing them before judicial forums, reported IANS.

A Bench of Chief Justice of India (CJI) BR Gavai and Justice K Vinod Chandran was hearing the suo moto case titled “In Re: Summoning Advocates Who Give Legal Opinion Or Represent Parties During Investigation Of Cases And Related Issues”.

During the hearing, the CJI Gavailed Bench expressed shock over the summoning of advocates, noting that communications with their clients is privileged and protected from disclosure. “How can lawyers be summoned like this? This is privileged communication,” remarked the apex court.

Attorney General of India R Venkataramani submitted that after summons were issued to senior advocate Arvind Datar, he immediately told the Enforcement Directorate (ED) officials that it was wrong. Solicitor General (SG) Tushar Mehta also weighed in that lawyers cannot be summoned for professional advice.

SG Mehta quoted an incident from Gujarat in which a lawyer allegedly guided a murder accused on how to destroy evidence. At this, the apex court remarked that a judgment already covered such exceptional cases. The CJI Gavai-led Bench eventually listed the matter for further hearing for framing guidelines and said that it will appoint amicus curie on the next date of listing. In the meantime, it asked the parties assisting the court to file a comprehensive note.

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