Jharkhand High Court Stays Summons to Defence Advocate, Upholds Privileged Lawyer-Client Communication

The Jharkhand High Court, led by Justice Ananda Sen, condemned the practice of an investigating officer summoning a defence counsel, emphasizing that communication between an advocate and their client is privileged.

The court stayed the summons issued by the Railway Protection Force to advocate Agniva Sarkar, who represented accused in a case under the Railway Property (Unlawful Possession) Act, 1996.

The summons sought Sarkar’s statement after an accused claimed Sarkar assured support in continuing unlawful activities.

The court noted the summons appeared aimed at extracting privileged communication and prohibited further similar notices until the petition’s disposal, safeguarding lawyer-client confidentiality. [Agniva Sarkar v The Union of India & Ors]