The Supreme Court on Tuesday described itself as the “custodian of all citizens in the country” as it reserved its order in a suo motu case concerning the summoning of lawyers by probe agencies while representing clients.
A bench of Chief Justice B.R. Gavai and Justices K. Vinod Chandran and N.V. Anjaria, hearing submissions from Solicitor General Tushar Mehta, observed that lawyers form part of the administration of justice and deserve protection in that role.
The court, however, reiterated its earlier position that this protection is not absolute—if a lawyer deviates from professional duties to advise on tampering or fabricating evidence, such immunity would not apply. “We cannot create two classes of lawyers,” the bench remarked, while noting the need for a uniform legal position.
Mehta urged the court to frame clear guidelines that balance legal safeguards with the “ground realities” of the country, adding that a lawyer should never be called by investigating agencies merely for providing professional advice.
Senior advocate Sidharth Luthra emphasised that the issue directly impacts access to justice, citing a recent case where an FIR was lodged against a lawyer because his client denied authorising a notarised affidavit. Attorney General R. Venkataramani said he would file a written note after reviewing submissions from various bar associations, including the Supreme Court Bar Association (SCBA) and the Supreme Court Advocates-on-Record Association (SCAORA).
On July 29, the apex court had observed that lawyers should not be summoned solely for rendering legal opinions to clients under investigation. However, it clarified that if a lawyer was actively assisting in the commission of a crime, the summons would be justified.
The matter gained urgency after the Enforcement Directorate (ED) summoned senior lawyers Arvind Datar and Pratap Venugopal, prompting condemnation from SCBA and SCAORA. The bar bodies termed the action a “disturbing trend” undermining the legal profession and urged the Chief Justice to take suo motu cognisance.
Following the criticism, the ED issued a circular on June 20 directing its officers not to summon advocates in money laundering cases against their clients without prior approval from the agency’s director, in line with Section 132 of the Bharatiya Sakshya Adhiniyam, 2023.
The bench has asked all parties to file written submissions within a week before it delivers its verdict.
