No summons to advocates except under Section 132 BSA; prior approval of senior officer must: Supreme Court

The Supreme Court Friday issued a series of directions to ensure strict compliance with the legal provision that an advocate cannot be summoned by investigating agencies in a case involving their client unless it satisfies the exceptions laid out in the Bharatiya Sakshya Adhiniyam (BSA).

The SC had initiated a suo motu case following uproar over summons by the Enforcement Directorate to some senior lawyers in connection with cases allegedly involving their clients. The agency had subsequently withdrawn the summons.

A bench of Chief Justice of India B R Gavai, and Justices K Vinod Chandran and N V Anjaria said in its judgement that Section 132 of the BSA “is a privilege conferred on the client obliging the advocate not to disclose any professional communications made in confidence”.

Sect