Supreme Court Protects Lawyer-Client Privilege with Landmark Verdict
The Supreme Court has issued new directives to prevent arbitrary summoning of lawyers by investigation agencies. The verdict, protecting lawyer-client privilege, requires police approval for summoning and allows judicial review. The court aims to safeguard legal professionals from undue pressure while addressing issues related to lawyer-client communications.
- Country:
- India
In a landmark decision safeguarding lawyer-client privilege, the Supreme Court announced a series of directives aiming to curtail unwarranted summoning of lawyers by investigative agencies. This verdict mandates that investigating officers must obtain the approval of a superintendent of police before summoning lawyers in criminal investigations.
The court overturned previous summons issued by the Enforcement Directorate to prominent lawyers, Arvind Datar and Pratap Venugopal, highlighting breaches of fundamental rights of the accused they represented. The verdict, delivered by a bench led by Chief Justice B R Gavai, emphasizes harmonizing exceptions while safeguarding the legal profession from undue pressures.
Referring to legal provisions under Section 132, the Supreme Court reinforced that advocates are duty-bound to maintain confidentiality of client communications. However, digital devices related to cases may be subjected to judicial scrutiny. The ruling excludes in-house counsel who are not court practitioners from these protections.
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