New Delhi: In a landmark ruling, a Supreme Court bench has declared that no investigative agency in the country may summon a lawyer without first obtaining written permission from the Superintendent of Police.
The order was issued by a bench comprising Chief Justice B.R. Gavai, Justice Vinod Chandran, and Justice N.B. Anjaria, following a hearing on the Enforcement Directorate’s summons issued to senior advocates Arvind Datar and Pratap Venugopal.
In its judgment, the bench observed that summoning lawyers amounts to a violation of their clients’ fundamental rights. The court further held that a lawyer may only be summoned when it is essential under Section 132 of the Indian Evidence Act, and such necessity must be established as part of the proceedings.
The bench also emphasized that during the examination of digital devices, the privacy of the accused cannot be compromised under any circumstances.
