Today, On 12th August, The Supreme Court has reserved its verdict in the suo motu case on ED summons to lawyers. CJI BR Gavai said, “We are custodian of the entire nation,” while addressing issues of legal protection and accountability.
New Delhi: The Supreme Court heard today the case about the Enforcement Directorate (ED) summoning lawyers.
The matter came up before a Bench of Chief Justice of India BR Gavai, Justice K. Vinod Chandran, and Justice N.V. Anjaria.
During the hearing, Solicitor General Tushar Mehta said,
“My only point is that lawyers need to be protected, they are part of the justice delivery system and if they are involved in the commission of an offence….”
Chief Justice BR Gavai responded,
“No that we have made clear if the lawyer advises to tamper with evidence and all then 201 is there.”
The Solicitor General then told the Bench,
“Your Lordships are custodian of the legal profession.”
To this, the Chief Justice replied,
“We are custodian of the entire nation.”
Senior Advocate Sidharth Luthra intervened and said,
“This concerns access to justice. Yesterday, an FIR was filed against a lawyer because the client claimed they hadn’t authorised him despite having a notarised document. Can such things happen?”
Attorney General R. Venkataramani informed the court,
“I have considered all counsels submission theres merit in them. SCBA suggests the matter go before a magistrate which gives enough leeway. On protecting inhouse counsel the law is settled and they will receive the same privileges.”
The Solicitor General further said,
“My only request dont rely on England or the US we have a strong, uniquely Indian jurisprudence.”
It was noted during the hearing that a fresh interlocutory application (IA) had been filed in the case.
One counsel present in court stated,
“Another lawyer has been summoned and I’m repeatedly being called.”
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The Chief Justice then directed,
“Submit your suggestions to the SG, we will hear the matter.”
The case deals with important questions about the protection of lawyers from investigative summons while ensuring that legal practitioners are not shielded when they are allegedly involved in illegal acts such as tampering with evidence.
The court has made it clear that while the legal profession plays a vital role in the justice system, the law under Section 201 of the Indian Penal Code applies if a lawyer engages in acts like advising the destruction or concealment of evidence.
The matter will continue to be heard as the court considers balancing the protection of legal professionals with the need for accountability.
Case Title: IN RE: Summoning of Advocates Giving Legal Opinion or Representing Parties During Investigation of Cases and Related Issues, SMW(Crl) No. 2/2025