No summons to lawyers for client details sans explicit Section 132 exceptions (e.g., preventing crime or court orders).
Summons must detail relied facts; digital devices seized only via court warrant, opened in lawyers' presence post-objections.
Protection lapses if lawyers aid evidence tampering or criminal acts.
SC Shields Lawyers: Quashes ED Summons, Issues Safeguards Against Agency Overreach
Top court fortifies attorney-client privilege, bars routine questioning of advocates amid fears of 'chilling effect' on legal profession
Summary
The Supreme Court on Friday quashed summons issued by the Enforcement Directorate (ED) to two senior advocates, Arvind Datar and Pratap Venugopal, and rolled out stringent guidelines to curb probe agencies from targeting lawyers over client advice.
A bench led by Chief Justice B.R. Gavai and Justice K. Vinod Chandran, in a suo motu verdict, ruled that such summons infringe fundamental rights and undermine lawyer-client confidentiality under Section 132 of the Bharatiya Sakshya Adhiniyam, 2023. The ED had withdrawn the notices after backlash from bar associations, but the court proceeded to set precedents.
Source: PTI
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