Supreme Court Shields Lawyer-Client Privilege in Landmark Verdict
The Supreme Court has issued directives to protect lawyer-client privilege, preventing arbitrary summoning of lawyers by probe agencies without higher approval. Summons can only be issued with a superintendent's consent, safeguarding professional communication confidentiality. This decision quashes previously issued summons and reinforces the right to legal representation and fair trials.
- Country:
- India
In a landmark decision, the Supreme Court has set new directives aimed at reinforcing lawyer-client privilege, a crucial aspect of the legal system. Moving to protect confidentiality, the court stressed that lawyers cannot be summoned arbitrarily by probe agencies without the prior consent of a superior officer.
The verdict, delivered by a bench consisting of Chief Justice B R Gavai and Justice K Vinod Chandran, outlines a detailed framework. It mandates written approval from a superintendent of police for any lawyer to be summoned during criminal investigations. This framework is designed to guard against unwarranted police coercion targeting legal professionals.
Central to the ruling is Section 132 of the Bharatiya Sakshya Adhiniyam (BSA), which underscores client privilege by prohibiting advocates from disclosing confidential communications. The court also clarified that, while summoned documents are not privileged, decisions regarding their admissibility lie with the judicial system, ensuring balanced legal proceedings.
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