The Supreme Court on Tuesday positioned itself as the “custodian of all citizens” while reserving its judgment in a suo motu case concerning probe agencies summoning lawyers for representing clients. The bench, comprising Chief Justice B R Gavai, Justices K Vinod Chandran, and N V Anjaria, underscored the vital role of lawyers in ensuring justice, hinting at a potential ruling to protect their professional duties.
Solicitor General Tushar Mehta, during the hearing, emphasized that lawyers should be protected as key contributors to the administration of justice and not summoned for offering professional advice. The bench clarified that lawyers engaging in unlawful acts, such as evidence tampering, would not be shielded, but routine legal representation does not warrant agency action.
Senior advocate Sidharth Luthra highlighted that the issue impacts access to justice, referencing a recent case where a lawyer faced an FIR after a client disputed an affidavit’s authorization. The court rejected creating different categories of lawyers, advocating for a consistent legal standard tailored to India’s context. “Close for orders,” the bench stated, instructing lawyers to submit written notes within a week.
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The case arose from concerns over the Enforcement Directorate (ED) summoning senior advocates, including Arvind Datar and Pratap Venugopal, for representing clients in money laundering investigations. On July 29, the Supreme Court noted that lawyers acting solely in their professional capacity should not be summoned, though those involved in criminal activities could be. The court had earlier expressed concern about the ED’s approach and requested guidelines to address the issue.
Represented by senior advocate Vikas Singh and advocate Vipin Nair, the Supreme Court Bar Association (SCBA) and the Supreme Court Advocates-on-Record Association (SCAORA) described the ED’s actions as a “disturbing trend” that undermines the legal profession. Their submissions led to the court taking suo motu cognizance. Attorney General R Venkataramani reviewed bar body inputs and will submit a written note.
On June 20, the ED issued a circular instructing its officers to avoid summoning advocates in money laundering cases without the director’s approval, referencing Section 132 of the Bhartiya Sakshya Adhiniyam, 2023. The SCBA and SCAORA, however, argued that such summons jeopardize the independence of the legal profession and public confidence in justice.
As the Supreme Court prepares its verdict, the legal community anticipates a decision that could clarify the limits of probe agencies’ authority and strengthen protections for lawyers representing clients. The ruling may have far-reaching implications for upholding the rule of law and ensuring equitable access to justice across India.
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