The Supreme Court has issued a notice on a PIL demanding the right to legal counsel during custodial and pre-custodial interrogations, aiming to strengthen constitutional protections against self-incrimination under Article 20(3).
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NEW DELHI: In a landmark development, the Supreme Court of India recently heard a Public Interest Litigation (PIL) advocating for the right to access legal counsel during custodial and pre-custodial interrogation.
Senior Advocate Menaka Guruswamy, representing the petitioners, highlighted the urgent need for legal presence during interrogations. She said,
“If an accused or even a witness is called for custodial investigation, there’s no ability to have a lawyer present. I’m only asking for presence of counsel to prevent self-incrimination — to implement a constitutional safeguard.”
Guruswamy further emphasized that the petition is backed by practicing lawyers and supported with documented evidence of coercion during investigations:
“This PIL is by practicing lawyers. We’ve annexed reports showing coercion and compelled testimony. We’re only seeking enforcement of Article 20(3).”
She also drew attention to instances dating back to 2019, citing cases handled by the National Company Law Tribunal (NCLT) involving torture during investigations.
Supreme Court’s Response
Acknowledging the gravity of the issue, the Supreme Court issued notices in response to the PIL. This is seen as a significant step toward ensuring the right against self-incrimination, a fundamental safeguard guaranteed under the Indian Constitution.
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