The Supreme Court of India has voiced strong concerns about investigating agencies directly summoning lawyers in connection with their clients' cases, emphasizing that this practice could severely undermine the autonomy of the legal profession and the independence of the administration of justice.
On Wednesday, June 25, 2025, a Supreme Court Bench, comprising Justices K.V. Viswanathan and N. Kotiswar Singh, took suo motu cognizance of the issue while hearing a petition filed by a lawyer who was summoned by the Gujarat police regarding a case involving his client. The court observed that permitting investigating agencies or the police to directly summon defense counsel or advocates who advise parties would seriously undermine the legal profession's autonomy and pose a direct threat to the independence of the administration of justice.
The court framed two key questions to be considered: First, when an individual is involved in a case solely as a lawyer advising a client, can investigative agencies directly summon the lawyer for questioning? Second, even if an agency believes the individual's role extends beyond that of legal counsel, should judicial oversight be required before any summons is issued? The Supreme Court has sought assistance from Attorney General R. Venkataramani, Solicitor General Tushar Mehta, Bar Council of India Chairman Manan Kumar Mishra, President of the Supreme Court Advocates-on-Record Association (SCAORA) Vipin Nair, and President of the Supreme Court Bar Association (SCBA) Vikas Singh to address these questions comprehensively.
This issue gained prominence after the Enforcement Directorate (ED) recently summoned two senior Supreme Court advocates, Arvind Datar and Pratap Venugopal, concerning their professional roles as lawyers in a case. These summonses, which were later withdrawn, sparked considerable uproar within the legal community. Bar associations, including SCAORA, urged the Chief Justice of India to take suo motu cognizance of the matter. The ED also issued a circular instructing its officials not to summon advocates in violation of Section 132 of the Bharatiya Sakshya Adhiniyam, 2023.
The Supreme Court noted that advocates have statutory protection to perform their duties without fear, as they are considered officers of the court. The court's concerns reflect a commitment to safeguarding the integrity of the legal profession and ensuring that lawyers can conscientiously and fearlessly discharge their professional duties. The court has referred the matter to Chief Justice of India B.R. Gavai for further directions.
In the interim, the Court granted relief to the Gujarat-based advocate who had been summoned by the police, staying the High Court order and any summons or notices issued to the petitioner. This order came shortly after the controversy surrounding the ED's summons to Senior Advocates Datar and Venugopal.
