The Supreme Court in the case Re: Summoning Advocates with Writ Petition and Special Leave Petition who give legal opinion or represent parties during investigation of cases and related issues, bearing number Writ Petition (Civil) No. 632 of 2025 and SLP (Cr.) No. 9334 of 2025 has taken a significant step to protect the independence of the legal profession and the sanctity of client-lawyer confidentiality.
Main Issue:
Investigating agencies were reportedly summoning advocates and seeking access to their devices or documents merely because they had offered legal opinions or represented clients under investigation.
Judgment Highlights:
The Supreme Court emphasized that:
- Lawyers cannot be summoned or treated as suspects merely for giving legal advice or representing a client.
- Client confidentiality must remain inviolable — devices or documents containing information about other clients cannot be seized or examined by investigating authorities.
- The independence of the legal profession is a cornerstone of justice, and undue interference undermines the rule of law.
This landmark ruling not only reinforces the protection of legal privilege but also sets much-needed procedural safeguards against overreach in investigations involving advocates.
The judgment stands as a reminder that justice thrives only when the freedom to counsel and represent is preserved without fear or coercion.
