25 June 2025 Civil Appeals >> Civil & Consumer Law  

This case raises a significant legal question regarding the circumstances under which investigating agencies can directly summon a lawyer who is representing a party in a case. The petitioner, a practicing advocate and President of the Vastral Advocates Association in Gujarat, was served a notice by the Ahmedabad Police under Section 179 of the Bharatiya Nagrik Suraksha Sanhita, 2023 (BNSS). This notice demanded his appearance to provide information related to an FIR where his client had been arrested and subsequently granted bail.

The petitioner argued that his involvement was solely as the advocate for the accused, and communications between a lawyer and client are privileged under Section 132 of the Bhartiya Sakshya Adhiniyam, 2023. He contended that allowing investigative agencies to summon lawyers directly undermines the autonomy of the legal profession and poses a threat to the independence of justice administration.

The High Court had dismissed the petitioner's challenge, stating that the summon was issued in his capacity as a witness and that authorities have the power to investigate. However, the Supreme Court has found prima facie merit in the petitioner's submission, recognizing that the legal profession is vital to the administration of justice and that lawyers have rights and privileges, including confidentiality.

The Court highlighted that subjecting counsel to the direct summons of investigating agencies appears "completely untenable" and has referred the matter to the Chief Justice of India for comprehensive consideration. Key questions posed for deliberation include:

• Can investigating agencies directly summon a lawyer whose only association with a case is as an advisor to a party?
• If there's an allegation that the lawyer's role extends beyond mere legal representation, should judicial oversight be required before they are summoned?

Given the gravity of these issues, the Supreme Court has issued an interim order restraining the State from summoning the petitioner and staying the operation of the notice. Notice has also been issued to the Attorney General for India, the Solicitor General of India, the Chairman of the Bar Council of India, and the Presidents/Executive Committees of the Supreme Court Bar Association and the Supreme Court Advocates-on-Record Association to assist the Court in addressing this crucial matter.

  Section 179, BHARATIYA NAGARIK SURAKSHA SANHITA - 2023  

  BHARATIYA NAGARIK SURAKSHA SANHITA, 2023