Summoning lawyers over client matters threatens administration of justice, says SC
The Court framed two critical questions for consideration: When an individual is involved in a case solely as a lawyer advising a client, can the investigating agency, prosecution, or police directly summon the lawyer? And even if the agency believes the individual's role goes beyond that of legal counsel, should such instances still require judicial oversight before any summons is issued? Emphasizing the seriousness of the matter, the Court underscored that both questions must be addressed comprehensively, as the integrity and efficacy of the administration of justice are at stake
Considering the importance of the matter, the Court ordered that the matter be placed before the Chief Justice of India (CJI) for appropriate directions.
Meanwhile, the Court granted interim relief to the lawyer who was summoned by the police in Gujarat.
'There shall be a stay on the High Court order and a stay on the operation of summons and any other notices issued to the petitioner,' the Court ordered.
The court order comes just days after a controversy broke out over Enforcement Directorate (ED)'s summons to Senior Advocates Arvind Datar and Pratap Venugopal in relation to an investigation involving the Employee Stock Option Plan (ESOP) granted by Care Health Insurance (CHIL) to former Religare Enterprises Chairperson Rashmi Saluja.
Both summons were withdrawn following strong resolutions issued by Bar associations across the country. In response, the ED also issued a circular directing its officials not to summon advocates in violation of Section 132 of the Bharatiya Sakshya Adhiniyam, 2023. The Supreme Court Advocates-on-Record Association (SCAORA) had earlier written to Chief Justice B.R. Gavai, urging the Court to take suo motu cognizance of the increasing instances of lawyers being summoned by investigating agencies.
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The Hindu
an hour ago
- The Hindu
A year later — colonial-era laws to new criminal codes
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The credit for this milestone goes to the Ministry of Home Affairs (MHA). A significant development in policing has been the implementation of the 'e-Sakshya', which is a mobile application to collect and preserve evidence in real time. This app has been developed by the National Informatics Centre (NIC) in consultation with the MHA. The NIC is also the nodal agency for the implementation of the ICJS, which connects police (through the CCTNS) with the other pillars, namely, forensic science laboratories (FSLs), prosecution, jails and courts. While the transition to the new provisions of law is a mechanical exercise, it is the 'e-Sakshya' which is making a big difference on the ground. Feedback from the investigating officers (IOs) who are at the helm in implementing the new laws is important. Mandatory recording of pictures and videos The BNSS makes it mandatory for the IO to record certain processes using audio-video electronic means. 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The move to have a Central Forensic Science Laboratory (CFSL) and National Forensic Science University (NFSU) in Raipur, Chhattisgarh, which was announced by the Union Home Minister, Amit Shah, is a step that will help strengthen the forensic infrastructure. The impediments However, more still needs to be done. While pictures and videos captured using 'e-Sakshya' are stored in the National Government Cloud (NGC) through 'Sakshya lockers', courts are yet to start directly accessing such pictures and videos through the ICJS. Many IOs make a copy through the CCTNS (which is linked to the NGC) and submit a pen drive or a similar electronic device in court, along with the final report of the case. While the integrity of evidence is not questionable in this process, the duplication of work and unnecessary expenditure incurred in the procurement of pen-drives needs to be checked. Moreover, IOs use their personal mobile phones to capture pictures and videos. 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Time of India
an hour ago
- Time of India
Crooks impersonating Mumbai cops & ED officials force 75-yr-old in Kolhapur to transfer Rs7.9 crore
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Time of India
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