Alok Singh
On 25th June 2025, the Supreme Court of India, under a Special Leave Petition (SLP), observed an important issue. The question was whether and under what circumstances Investigating Agencies can directly summon a counsel that is representing a party in an ongoing case.
The case was presented before the bench consisting of Justice K.V. Viswanathan and Justice N.K. Singh. They determined that the issue, along with other related questions, requires careful consideration, as it directly impacts the effectiveness of the justice system and the ability of lawyers to perform their professional duties without fear.
The bench, considering the serious implications, directed that the case documents be presented to the Chief Justice of India for passing any order he deems appropriate. The Court has prohibited the State from summoning the petitioner until further notice. Additionally, the Court has stayed the enforcement of the notice dated March 24, 2025, including any subsequent notices issued to the petitioner regarding the same matter.
The petitioner challenged the High Court’s upholding of the summons against him under Section 179 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The police issued a notice directing him to appear for questioning with respect to his client’s criminal case.
The petitioner argues that such a summons breached the advocate-client confidentiality protected under Section 132 of the Bhartiya Sakshya Adhiniyam (BSA) and poses a threat to the independence of legal practice.
The Supreme Court acknowledged the validity of these concerns and emphasised that the independence of the legal profession is crucial for ensuring justice. It noted that lawyers should not be subjected to investigative directives solely for representing a client, as such actions, if left unregulated, could undermine the integrity of the judiciary. The Court stayed the notice issued to the petitioner and sought assistance from the Attorney General, Solicitor General, Bar Council of India, and leading bar associations.
The matter was referred to the Chief Justice of India for further directions. The case is likely to be listed on 18 July 2025.
Case Title: Ashwinkumar Govindbhai Prajapati v. State of Gujarat
Case Number: Special Leave to Appeal (Crl.) No(s). 9334/2025
Judge: Justice K.V. Viswanathan and Justice N.K. Singh
Click here to access the Record of Proceedings.
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