Supreme Court Bars ED from Summoning Lawyers Over Client Advice, Cites Section 132 BSA

The Supreme Court held that the Enforcement Directorate (ED) cannot summon lawyers for advice given to clients, except in exceptional circumstances under Section 132 of the Bharatiya Sakshya Adhiniyam, 2023.

The Bench of CJI BR Gavai and Justices K Vinod Chandran and NV Anjaria ruled that any summons must clearly mention the specific exception under Section 132.

The Court directed that digital devices seized from lawyers be produced only before jurisdictional courts and opened in their presence.

The Court set aside an ED summons and cautioned that such actions could violate fundamental rights and statutory provisions.

[In Re: Summoning of Advocates by Investigating Agencies]