Probe agencies, police can't issue summons to advocates, says SC

NEW DELHI: Close on the heels of ED's controversial summons to senior advocates Arvind Datar and Pratap Venugopal, SC on Wednesday said probe agencies or police could not issue notices or summons to lawyers, merely because they appeared for an accused or gave legal advice.

Staying Gujarat police SC/ST cell's notice to the advocate of an accused to appear as a witness, a bench of Justices K V Viswanathan and N Kotiswar Singh took cognizance of the larger issue and sought assistance from attorney general R Venkataramani, solicitor general Tushar Mehta, Bar Council of India chairperson Manan Mishra, SCBA president Vikas Singh and SC Advocates-on-Record president Vipin Nair.

"What is at stake is the efficacy of administration of justice and capacity of lawyers to conscientiously, and more importantly, fearlessly discharge their professional duties," it said.

"Since it is a matter directly impinging on the administration of justice, to subject a professional to the beck and call of an investigation agency/prosecuting agency/police when he is a counsel in the matter, prima facie it appears to be untenable, subject to further consideration by the SC.

In view of the importance of the matter, let the papers be placed before the CJI for passing such directions he deems appropriate," it added.