Relief for lawyers: Probe agencies can’t summon them arbitrarily

PROBE agencies have been left red-faced yet again. The Supreme Court has given directions to safeguard lawyers representing accused persons from being arbitrarily summoned by investigating officers. Setting aside the summons issued by the Enforcement Directorate (ED) to two senior lawyers, the court has tried to protect the lawyer-client privilege. Section 132 of the Bharatiya Sakshya Adhiniyam deals with the confidentiality of the professional communication between lawyers and their clients, barring exceptions.It is obvious that if a probe agency summons an advocate, he or she may be put under pressure to disclose privileged communication. This can compromise a lawyer’s freedom to give advice to the client and also undermine the right of the accused to get fair representation. The court has rightly observed that arbitrary summons to lawyers infringe upon the fundamental rights of the accused who have hired them. At stake is the rule of law as well as the autonomy of the legal profession.The verdict comes barely three months after a CJI-led Bench said the ED was “crossing all limits” for having told two senior advocates to appear for questioning as part of its investigation. A fierce backlash from the legal fraternity had prompted the ED to issue internal directions barring its officers from summoning advocates in money laundering cases except with prior approval of the Director and in compliance with Section 132. Friday’s court ruling should serve as a stern warning to probe agencies, which are repeatedly accused of overreach or overzealousness. The lawyers, too, should understand that there is no blanket immunity for them. Those suspected of assisting their clients in a crime or offering advice on tampering or fabrication of evidence cannot avoid interrogation. The bottom line is that there are clear red lines which various stakeholders should not cross. Due diligence is the way forward.

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