Lawyers Cannot Be Summoned by Investigating Officers Without SP Approval, Rules Supreme Court

PTI, New Delhi, Oct 31, 2025 :  In a landmark ruling aimed at safeguarding lawyer-client privilege, the Supreme Court on Friday issued a series of directives to prevent the arbitrary summoning of lawyers by investigative agencies for legal advice. The court stated that investigating officers (IOs) cannot summon lawyers in criminal investigations unless the summons is approved by the Superintendent of Police (SP).

The apex court also quashed the summons issued by the Enforcement Directorate (ED) to two senior lawyers, Arvind Datar and Pratap Venugopal, asserting that the summons infringed upon the fundamental rights of the accused who had hired them. A bench comprising Chief Justice BR Gavai, Justice K Vinod Chandran, and Justice N V Anjaria delivered the judgment in a suo motu case taken up after the ED summoned Datar and Venugopal in connection with a money laundering probe.

Pronouncing the verdict, Justice Chandran stated that the court aimed to "harmonize the exemption to the rule" protecting advocates, and issued fresh guidelines to shield the legal profession from undue pressure by investigative agencies.

While delivering the operative part of the verdict, Justice Chandran noted that the bench ruled out the need for magisterial supervision before the issuance of summons by probe agencies. "We have tried to harmonize the evidentiary rule with the procedural rule and issued the following directions," he explained.

Referring to Section 132 of the Bharatiya Sakshya Adhiniyam (BSA), the court emphasized that lawyer-client communications are protected by privilege, which obligates advocates not to disclose professional communications made in confidence. "Investigating officers (IOs) in criminal cases, and station house officers conducting preliminary inquiries in cognizable offences, shall not issue a summons to an advocate who represents the accused to know the details of the case, unless it is covered under any of the exceptions under Section 132 BSA."

The court further clarified that when a summons is issued to an advocate under any exception, it must exclusively specify the facts on which the exception is being relied upon. Additionally, the summons must be issued with the consent of a superior officer, not below the rank of a Superintendent of Police, who must record his satisfaction in writing before the summons is issued.