A Lawyer Cannot Be Called By Investigation Agencies Just For Providing Legal Advice To Clients, Says SC

On Tuesday, The Supreme court said that a lawyer cannot be called by an investigation agencies just for giving legal advice to a client.

This was verbally noticed by Chief Justice of India B.R. Gavai (Supreme Court Bench head). But, Justice K. Vinod Chandran said, a lawyer could definitely be called for questioning if he had “assisted” his client in the commission of a crime.

The Bench was also hearing a voluntarily filed case registered by the apex court after Bar bodies, such as the Supreme Court Bar Association and, The Supreme Court Advocates, objected to senior advocates being called by investigating agencies, including ED (Enforcement of Directorate) for providing legal advice to clients.

Mr. Vikas Singh (Supreme Court Bar Association President) expressed worry about the adverse impact that unreasonable calling could have on the legal profession.

Solicitor General Tushar Mehta, appearing for ED, agreed with the central idea that lawyers should not be called just for offering legal advice. He also highlights that the privilege of communication between a lawyer and a client must be respected.

Chief Justice Gavai, previously in July, had noticed the ED was crossing all its limits, even as Mr. Mehta recommended the court not make any ‘generalised’ observations that may fuel a planned effort to create a narrative against the Central agency.

Vikas Singh urges that the guidelines issued by ED to its officers should be adopted by the CBI and other investigation agencies as well.