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Hindustan Times
2 days ago
- Politics
- Hindustan Times
Guidelines to protect lawyers from summons is not immunity: Supreme Court
NEW DELHI: The Supreme Court on Tuesday said that the guidelines proposed to protect lawyers from being summoned by investigating agencies for giving legal advice would not confer immunity on legal professionals who commit a crime. A view of Supreme Court (Sonu Mehta/HT FILE PHOTO) A bench of Chief Justice of India (CJI) Bhushan R Gavai and justice K Vinod Chandran made the observation during its hearing on a suo motu petition to frame guidelines to shield lawyers from investigating agencies summoning them for giving advice to clients facing criminal prosecution. The court asked the country's two top law officers, Attorney General R Venkatramani and Solicitor General Tushar Mehta, to study the suggestions received from lawyer bodies and propose the possible directions that can be issued. The matter was taken up by the court following two instances where senior lawyers Arvind Datar and Pratap Venugopal were summoned by the Enforcement Directorate (ED) probing the grant of Employee Stock Option Plans (ESOP) by Care Health Insurance to former Religare Enterprises chairperson Rashmi Saluja. The ESOPs numbering over 22.7 million were valued at ₹250 crore. Tushar Mehta, who appeared for the ED, asked the court not to lay down any guidelines, reasoning that stray incidents such as these were condemnable but should not become the basis for the courts to establish guidelines. 'individual instances should not be sufficient to change the legal framework. As lawyers, we want to be protected. But not everyone may be discharging their duty credibly. There may be a possibility of summoning them within the framework of the law. But any future judicial legislation in this regard will make the task of investigating agencies counter-productive,' Mehta said. The bench said, 'We cannot ignore the recent instances. An eminent lawyer had been issued summons. We have made it clear that there is no protection for any crime. If somebody is assisting the client in destroying evidence, certainly they can be accused of destruction of evidence. But can that be done for giving advice?' The two lawyers' bodies of the Supreme Court - Supreme Court Bar Association (SCBA) and Supreme Court Advocates-on-Record Association (SCAORA) submitted their suggestions to the court. Senior advocate Vikas Singh, who is also SCBA president, submitted that in cases where the investigation agency has direct evidence against a lawyer, the same can be considered by the magistrate. If the magistrate feels that the evidence is admissible, summons can be issued, Singh said. SCBA secretary Pragya Baghel, who submitted the association's submissions, traced the protection afforded under the law to lawyers that protects privileged communication between the lawyer and client under the Bharatiya Sakshya Adhiniyam that replaced the Indian Evidence Act. Similar protection is also available under the Companies Act. Senior advocate Siddharth Luthra, assisting the court, pointed out that the guidelines should also address the issue of receiving fees for the legal opinion tendered to a firm or person facing criminal prosecution. Attorney General R Venkatramani, assisting the court in the suo motu proceedings, assured the court that he will examine all suggestions and report back with his observations. The court asked both AG and SG to examine the suggestions and revert on the next date of hearing on August 12, when the bench will consider passing further directions. SCAORA, which had described the ED summons to the two senior lawyers as a 'chilling signal to the legal community', told the court that the unwarranted summons to advocates to disclose information concerning clients involved in criminal proceedings undermines the sanctity of the lawyer-client relationship and poses a serious threat to the integrity of India's criminal justice system. Senior advocate ANS Nadkarni, who represented SCAORA, pointed out a recent instance from Kolkata where the laptop of a lawyer practising before the Calcutta high court was seized. 'On the laptop, there is not just information about one client but all his clients. It is the lifeline of the lawyer's practice,' Nadkarni said, expressing concern over the search and seizure of lawyers conducted by investigating agencies that need judicial oversight. The submissions handed over by the SCAORA office bearers pointed out that the Bar Council of India rules explicitly prohibit advocates from committing, directly or indirectly, any breach of the obligations to their client, breach of which amounts to professional misconduct. 'The duty to maintain confidentiality is not merely statutory but is deeply embedded in the ethical and professional framework governing advocates in India. Disclosing privileged communication without client consent may constitute professional misconduct and attract disciplinary consequences,' SCAORA said.
Time of India
24-07-2025
- Time of India
Over 3k cops trained under advanced training since 2022
Patna: In a significant move to strengthen law enforcement capabilities, Bihar Police successfully trained 3,137 police officers since 2022 through its Advanced Training School (ATS) for the effective implementation of three new criminal laws. Previously, the training programme accommodated approximately 50 officers monthly, but this increased substantially to 350 officers per month, with each batch receiving two weeks of intensive training. The most recent training session, the 171st ATS batch, was conducted from July 8-21, 2025, where 346 police officers, including police inspectors and directly recruited sub-inspectors, received comprehensive training, said a senior official of police headquarters (PHQ) on Thursday. The three new criminal laws, Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA), came into force from July 1, 2024. These laws replaced Indian Penal Code (IPC), Code of Criminal Procedure (CrPC) and Indian Evidence Act, respectively. Additional director general (ADG) of crime investigation department (CID), Sunil Kumar, said under these laws, some new provisions were made and emphasis was placed on the use of new technologies for the investigation and trial of cases. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like If You Have Arthritis Avoid This Food Active Life Journal Learn More Undo "In such a scenario, it is extremely necessary to provide special training in modern technologies and research methods to police officers and personnel from time to time during their service period so that they can become more capable, knowledgeable, and technically proficient. This will enable them to play a better role in maintaining peace and order in society and establishing the rule of law," he said. "Located at Bihar Police Academy in Rajgir, the ATS provides enhanced training to police officers focused on modern policing techniques and technologies, including digital forensics, CCTV analysis, mobile data tracking, DNA analysis, fingerprinting, photography and videography. This modernised approach aims to improve both crime investigation and evidence collection procedures, making them more scientific and effective," the ADG said. He said the ATS curriculum also includes detailed modules on the importance of physical evidence in investigations, covering aspects such as wound analysis, DNA testing, and collection and analysis of various types of forensic evidence. "Participants are trained in utilising modern technological tools for investigation, including the latest developments in mobile and computer forensics," Kumar said, adding, "Officers receive instruction on FIR procedures, preliminary investigation protocols, and relevant police orders. Special attention is given to the documentation of relevant facts, disputed matters, witness statements, and confession recordings." According to him, the programme also covers comprehensive investigation procedures for both bodily harm and property-related crimes, addressing common mistakes found in daily police records and other procedural errors. He said a notable inclusion in the curriculum is the detailed explanation of Section 107 of the Indian Justice Security Code 2023, which deals with the seizure of crime-acquired properties, along with procedures under the Bihar Crime Control Act. "To ensure continuous skill development, the programme emphasises regular training at district headquarters and police station levels for computer operations and various technological applications," he said. The CID ADG further said, "To further enhance expertise, the department is collaborating with premier institutions like CBI and National Investigation Agency (NIA). Officers are also sent to prestigious training institutes across India for specialised courses." He added that the next training session is scheduled to commence on August 1, 2025, continuing the department's commitment to building a more competent and technologically advanced police force in Bihar.
Indian Express
21-07-2025
- Politics
- Indian Express
As Supreme Court asks ‘why ED wants to be used for political battles', Solicitor General says ‘concerted effort to create narrative against institution'
The Supreme Court Monday saw sharp exchanges over some of the actions of the Enforcement Directorate (ED), with the court ticking off the agency, indicating that it should not be used for political battles, and saying that its 'officers are crossing all limits'. As Chief Justice of India B R Gavai presiding over a two-judge bench, which also included Justice K Vinod Chandran, made the observation, Solicitor General Tushar Mehta contended 'there is a concerted effort to create a narrative against an institution.' The observations came in three matters, first involving summons against Karnataka Chief Minister Siddaramiah's wife B M Parvathi and Minister Byrathi Suresh in connection with alleged illegal allotment of sites by the Mysuru Urban Development Authority (MUDA), and the other over notices to some senior advocates for appearing before the agency in connection with cases allegedly involving their clients. Karnataka MUDA case Taking up ED's appeal against the Karnataka High Court order quashing the summons to Parvathi and Suresh, CJI Gavai told Additional Solicitor General S V Raju, who appeared for the probe agency, 'Mr Raju, please don't ask us to open our mouth. Or we will have to pass very harsh comments. We have been saying since morning that we don't use this court as a political platform… Otherwise, we will have to make some harsh comments about ED… Unfortunately, I have some experience with ED in Maharashtra.' As Raju referred to a connected plea about the larger conspiracy involved, the bench expressed reluctance in entertaining that too and said, 'You don't percolate this virus throughout the country now. Let the political battles be fought before the electorate. Why are you being used as a…'. 'In the facts and circumstances of the case, we do not find any error in the reasoning as adopted by the learned single judge. In the peculiar facts and circumstances of the case, the petition is dismissed.' The court agreed to Raju's request that the order not be treated as a precedent. 'Thank you for saving some harsh comments,' CJI told RAJU after dictating the order. Summons to lawyers A short while later, the bench took up petitions asking whether a lawyer who gives an opinion can be summoned in connection with a probe. The petitions came to be filed in the context of ED notices to Senior Advocates Arvind Datar and Pratap Venugopal over a probe involving their clients. The notices were subsequently withdrawn. In a circular, ED said, 'No summons shall be issued to any Advocate in violation of Section 132 of the Bharatiya Sakshya Adhiniyam, 2023…'. The agency also stated that, where necessary, it will do so with the prior approval of its director. Appearing for the Supreme Court Bar Association, Senior Advocate Vikas Singh said, 'ED has now come out with a circular which says lawyers will not be summoned now. But that will not apply to CBI, etc. Senior Advocate Vijay Hansaria said that some guidelines are needed in this matter. Pressing for direction, Singh said, 'If a lawyer is not free in giving advice and he feels giving advice can also result in being summoned for probe…it will have a chilling effect on the complete justice delivery system.' Senior Advocate Mukul Rohatgi said that such 'advice can be right, advice can be wrong'. To which, CJI Gavai said, 'Even if it's wrong, it's a privileged communication. How can you be summoned by the ED for that?'. 'Certainly not,' responded Attorney General R Venkataramani. 'I think for all matters, we must lay down guidelines,' said CJI Gavai, and turning to the AG, he added, 'Your officers are crossing all limits.' The CJI recalled the matter that his bench had taken up earlier and said, 'In two matters, we had to tell Raju, if you open your mouth, then we will have to say a lot about ED.' Intervening, Solicitor General Tushar Mehta said, 'So far as this issue is concerned, lawyers, as the AG said, cannot be summoned for giving an opinion. General observations are…sometimes misconstrued… What happens is, I am saying this, ED is not saying this, there is a concerted effort to create a narrative against an institution.' Urging against generalising, he said that if in a given case, there is overstepping by the ED, the court would intervene. 'We have been finding it in many cases …,' said the CJI. Solicitor General Tushar Mehta said, 'Please don't carry that impression based upon interviews and YouTube shows. There is a narrative building simultaneously outside.' The CJI said he was speaking from experience. 'Not from interviews. My experience from family courts to…presiding over the bench…' He also recalled how earlier on Monday, he had to ask the petitioners in two cases not to politicise issues. 'Unfortunately, on the very first day (of the week), I had two matters from two political parties, and we said don't politicise,' said Justice Gavai. 'Don't try to politicise before the court' Earlier in the day, the CJI bench took up two petitions. One of them sought the initiation of criminal contempt against West Bengal Chief Minister Mamata Banerjee over her remarks on the apex court's ruling in the teachers' recruitment scam case. The other was by the Karnataka Government challenging the quashing of a criminal case filed against BJP MP Tejasvi Surya for comments about the alleged suicide of a farmer. In the first, CJI Gavai said, 'Don't try to politicise before the court; your political battle, you should fight somewhere else. List after 4 weeks.' In the Tejasvi Surya case, while dismissing it, the court said, 'What is this? Don't politicise the matter. Fight your battles before the electorate.' Pointing out that he was not referring to any political party in particular, Mehta said, 'Sometimes, and I am not on any political party, if I am a politician, but if I am involved in a Rs 3000 crore scam, I can create a narrative in my favour by several interviews, etc.' CJI Gavai said, 'Unfortunately, we all know the ground reality also.' Mehta said, 'But ground reality will have to be seen from the facts presented, from the material available, from the evidence.' 'Therefore, we are not passing any observations without hearing…,' said the CJI. 'That's what I am saying. Sometimes wider observations create a wrong impression…,' said Mehta. The CJI said, 'We are not passing any compliments for ED, which has been recorded in the judgement by one of the learned judges, in a concurring opinion for ED.' 'Your Lordships would neither comment nor criticise. It would be based on facts,' said SG Mehta. Apparently agreeing, CJI Gavai said, 'it all depends on facts'. Narrative building SG Mehta said that such narrative building 'is happening before Your Lordships hear any matter, forget ED giving interviews etc.' The CJI said, 'We have seen in so many matters that ED even after the well-reasoned order by the HC is filing appeals after appeals, only for the sake of filing.' Mehta said, 'Forget ED, I am on a wider issue. Before any matter reaches Your Lordships of any significance…' 'We don't read newspapers. And at least the YouTube interview, my brother and I don't have the time to watch,' said CJI Gavai. 'There are other media, and the narrative building starts. This is going on very purposefully, very designedly,' said SG Mehta. He urged the court to take cognisance of it and lay guidelines, saying the question is, 'while representing a client, can I build a narrative outside the court in political matters?'. 'It's a question of law. I am not on ED.' Justice Chandran asked whether it can be said that such narratives will influence the bench. 'How do you think this narrative will influence if we don't see it at all. Narratives will go on over there. People might be concerned. But you can't say that we will be influenced by it.' CJI Gavai asked, 'Have you seen any of our judgements which are based on the narratives, and not on the facts of that case?. If there is one judgment, please show it to me.' Mehta said, 'I am before the first court, not only before two honourable judges. As a proposition, I am saying. Not that the Chief Justice would be influenced or Justice Chandran would be… But as a proposition, is it proper? And I am not on ED at all.' He reiterated that 'as far as lawyers are concerned, for giving a legal opinion, he cannot be summoned.' Appearing for the Supreme Court Advocates on Record Association (SCORA), Advocate Vipin Nair said, 'It's not just Senior Advocates, it's also normal lawyers who get affected by this. It's lawyers as a class.' Mehta recounted an incident from Ahmedabad where an accused, after committing murder, contacted his lawyer and discussed disposing of the body. The CJI said that it will be an offence punishable under the Indian Penal Code (IPC). Ananthakrishnan G. is a Senior Assistant Editor with The Indian Express. He has been in the field for over 23 years, kicking off his journalism career as a freelancer in the late nineties with bylines in The Hindu. A graduate in law, he practised in the District judiciary in Kerala for about two years before switching to journalism. His first permanent assignment was with The Press Trust of India in Delhi where he was assigned to cover the lower courts and various commissions of inquiry. He reported from the Delhi High Court and the Supreme Court of India during his first stint with The Indian Express in 2005-2006. Currently, in his second stint with The Indian Express, he reports from the Supreme Court and writes on topics related to law and the administration of justice. Legal reporting is his forte though he has extensive experience in political and community reporting too, having spent a decade as Kerala state correspondent, The Times of India and The Telegraph. He is a stickler for facts and has several impactful stories to his credit. ... Read More
Time of India
20-07-2025
- Politics
- Time of India
Witness protection scheme implemented: Saha
1 2 Agartala: CM Manik Saha on Sunday announced that the state govt has implemented a witness protection scheme to ensure the safety and cooperation of witnesses, a critical aspect in the delivery of justice, reports Biswendu Bhattacharjee. Addressing a workshop of three criminal laws here Saha said the initiative is part of the state's commitment to effectively implement the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita and Bharatiya Sakshya Adhiniyam (BSA), which came into force from July 1, 2024. "These laws are a testament to the visionary leadership of Prime Minister Narendra Modi and Union home minister Amit Shah . They reflect a shift from colonial-era frameworks towards a justice-driven, technology-enabled system that is citizen-centric, victim-friendly and time-bound," he said. He noted that new offences such as terrorism, mob lynching, and organised crime have been incorporated, which were previously missing from the legal framework. Moreover, the new laws provide stricter penalties for crimes against women and children, ensuring faster and more transparent justice. Recalling a meeting chaired by Shah in Guwahati on March 16, 2025, the CM said discussions were held with all northeastern states to monitor the preparedness for implementing these laws.
Indian Express
20-07-2025
- Politics
- Indian Express
Tripura CM Manik Saha bats for better implementation of new criminal laws, hopes it will push up conviction rate
Tripura Chief Minister Manik Saha Sunday described the three new criminal laws – Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) – as victim-friendly. He expressed hope that the better implementation of these three laws would push up the conviction rate in the state. 'We have seen that these are friendly Acts. To implement criminal laws, the stakeholders are required to work in coordination and benefit the common people. I urge you all to cooperate with each other,' CM Saha said while addressing a workshop on 'New Criminal Laws and NDPS Act' held for legal practitioners, the police, and administrative officers at Pragya Bhavan in Agartala. 'I think this workshop is a step in this direction. Awareness is very important. People don't know about that. But every person should know these laws, and for this, I think, awareness campaigns should be done vigorously,' he added. 'These laws reflect a victim-friendly, technology-driven, and time-bound approach to justice delivery… The FIR (First Information Report) can be filed from anywhere, any part of the country, or across the state without being physically present in the police station and irrespective of the jurisdiction. The victims are entitled to have a free copy of their FIRs. Victims are to be informed about the status of their cases every 90 days…' said CM Saha.
