In a stern rebuke, the Kerala High Court on Tuesday condemned the actions of the Njarakkal police for wrongfully summoning an advocate to the police station. This move was perceived as an attempt to intimidate the lawyer, Ajikumar KK, who represents clients alleging custodial torture by the same police unit.
The controversy began when Ajikumar, challenging a notice issued under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNS), argued that such a summons violated the constitutional rights of legal practitioners. This section typically notifies individuals suspected of minor offences without necessitating arrest.
Justice Kauser Edappagath, presiding over the case, questioned the legality of the police’s actions, emphasizing the importance of preserving the sanctity of confidential communications between a lawyer and his clients. He highlighted, “Advocates, like police officers, are officers of the court. How can you then convert a counsel into an accused simply because he is representing clients?”
This inquiry follows a complaint lodged by Ajikumar on behalf of a married couple who were detained under accusations of being Bangladeshi nationals possessing fraudulent Indian identification documents, such as Aadhaar cards and voter IDs. Allegations of torture in police custody surfaced shortly after their arrest on February 6, 2025.
Further complicating matters, the police initially issued a Section 94 notice under the BNSS, demanding the lawyer provide the couple’s documents, which had already been submitted to the Magistrate’s Court. The subsequent Section 35(3) notice directly targeting the advocate led to his legal challenge in the High Court.
Justice Edappagath signaled that the court would likely set forth guidelines to protect legal advocates from similar mistreatment in the future. He affirmed, “All communications with clients are privileged. Why should an advocate disclose this under duress or coercion?”
The matter is set to continue on March 27, 2025, where further discussions will address the procedural improprieties and potential violations of legal ethics by the police.
