Lawyers giving legal advice to clients under probe can't be summoned: SC

Exception applies if the lawyer is actively aiding in the crime

- MPOST BUREAU

NEW DELHI: The Supreme Court on Tuesday observed that legal practitioners cannot be summoned by investigative agencies solely for providing legal advice to a client facing inquiry, but such protection will not extend if the lawyer is actively aiding in the commission of a crime.

A bench of Chief Justice B R Gavai and Justice K Vinod Chandran made the remarks while hearing a suo motu case concerning the practice of summoning advocates by agencies for their professional role in representing clients or offering opinions.

"If somebody (a lawyer) is assisting the client in the crime, then he can be summoned...but not merely for giving legal advice," the bench stated during the proceedings.

The matter was taken up after concerns raised by bar associations over what they termed a growing practice of "arbitrary summoning" of lawyers. Senior advocate Vikas Singh, appearing for the Supreme Court Bar Association (SCBA), cautioned that such actions could have a "chilling effect" on the legal profession.