Lawyers cannot be summoned by agencies for giving legal advice to clients: Supreme Court

A Supreme Court Bench headed by the Chief Justice of India B.R. Gavai on Tuesday (July 29, 2025) said a lawyer cannot be summoned by probe agencies merely for giving legal advice to a client.

However, the Bench, also comprising Justice K. Vinod Chandran, said a lawyer could indeed be summoned for questioning if he had “assisted” his client in the commission of a crime.

The Bench was hearing a suo motu case registered by the apex court after Bar bodies, including the Supreme Court Bar Association, and the Supreme Court Advocates-on Record Association, represented by senior advocate Vikas Singh and advocate Vipin Nair, objected to senior advocates being summoned by investigating agencies, including the Directorate of Enforcement (ED), for offering legal advice to clients.

Mr. Singh voiced concern about the “chilling effect” that “arbitrary summoning” could have on the legal profession.

Solicitor General Tushar Mehta, appearing for the ED, agreed with the core premise that lawyers should not be summoned merely for offering legal advice. He emphasised that the privilege of communication between a lawyer and a client must be respected.

Chief Justice Gavai, earlier in July, had observed the ED was “crossing all limits”, even as Mr. Mehta urged the court to not make any “generalised” observations that may fuel a concerted effort to build a narrative against the Central agency.