The Supreme Court of India held that investigating agencies cannot summon lawyers or compel them to disclose confidential professional communications made by their clients.

Key Observations by the Court

• Violation of Constitutional Rights: Forcing lawyers to disclose client communications infringes Article 20(3), the right against self-incrimination.
  • Compelling an advocate to prejudice their own client, without consent or knowledge, is “outrageous” and “Unconstitutional”.
• Duty of Investigators: It is the responsibility of the investigating agency to gather independent evidence of culpability.
  • Lawyers cannot be treated as substitutes for investigation.
• Professional Privilege: The advocate–client relationship is built on trust and protected under Section 132 of the Bharatiya Sakshya Adhiniyam (BSA), 2023.
  • Breaching this confidentiality undermines the integrity of the justice system.
• Fundamental Rights: Advocates’ ability to represent clients “without fear” forms part of their right to profession (Article 19(1)(g)) and right to life and dignity (Article 21).
• Comparative Insight: The Court cited an American ruling referencing Shakespeare, noting that undermining lawyers is “a step towards a totalitarian form of government.”

Supreme Court’s Ruling and Directions

• Balance Between Privilege and Investigation: The Court stressed that Section 132’s privilege must be respected and lawyers cannot be summoned merely to reveal client information.
  • Summons can be justified only under the statutory exceptions — such as when advice is used to commit or conceal a crime.
• Conditions for Issuing Summons: Any officer invoking an exception must – Specify the facts that justify it.
  • Obtain written approval from a superior officer not below the rank of Superintendent of Police.
• Scope of Privilege: The privilege extends to lawyers engaged in litigation, advisory, and pre-litigation matters.
  • In-house counsel are excluded, as they are employees, not practising advocates, but their communications are still protected under Section 134 of the BSA.
• Handling of Documents and Digital Devices: In criminal cases, production of documents or devices must be directed by the jurisdictional court, which must first consider privilege-related objections.
  • In civil cases, documents must be produced before the court, not directly to investigators.
  • Both the lawyer and client must be notified, and confidential data belonging to other clients must be safeguarded.

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Significance of the Judgment

• Reinforcement of Legal Privilege: The judgment fortifies the sacrosanct nature of attorney–client confidentiality, central to India’s legal ethics and fair trial framework.
• Prevents Investigative Overreach: Ensures that investigating agencies cannot misuse powers to pressure advocates or breach confidentiality.
• Institutional Trust: Protects the integrity of legal practice, affirming the lawyer’s duty of confidentiality as essential to justice delivery.
• Balanced Approach: The Court avoided creating new judicial hurdles while preserving procedural safeguards and upholding constitutional rights.

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