The Supreme Court of India has taken a notable step of initiating a suo moto case to address the growing concern over investigative agencies summoning lawyers for the legal opinions they provide to their clients.

A bench of the Chief Justice of India(CJI) B.R. Gavai, Justice K. Vinod Chandran, and Justice N.V. Anjaria heard the matter titled “In Re: Summoning Advocates Who Give Legal Opinion or Represent Parties During Investigation of Cases and Related Issues" on July 14, 2025.”

This issue gained prominence after a bench of Justice KV Viswanathan and Justice NK Singh had raised an alarm about the practice of police and other investigative bodies summoning advocates. The judges brought the issue up with the CJI.

This concern came to light in a case involving the Gujarat Police, which had summoned a lawyer representing an accused. The bench intervened by staying the notice served to the lawyer, emphasizing that such summons could jeopardize the independence of the legal profession and adversely affect the administration of justice. Following their intervention, the suo motu case was officially registered on July 4.

Recently, the Enforcement Directorate (ED) faced substantial backlash after issuing summons to senior advocates Arvind Datar and Pratap Venugopal regarding the legal counsel they provided.

In response to protests from bar associations, the ED revoked these summons and announced that any future summons to lawyers would require prior approval from the ED Director.

Case Details :In Re : Summoning Advocates Who Give Legal Opinion or Represent Parties During Investigation of Cases and Related Issues | SMW(Cal) 2/2025