New Delhi, Oct 15 (UNI) The Supreme Court today issued notice on a writ petition seeking a judicial direction to ensure that individuals have the right to the presence of their lawyer during police or agency interrogations.
A bench comprising Chief Justice BR Gavai and Justice K. Vinod Chandran was hearing the petition filed by advocate Shaffi Mather, represented by senior advocate Menaka Guruswamy.
The petition has been filed through advocate-on-record Prateek K. Chadha.
At the outset, the bench asked whether the petition referred to any specific incidents of duress or coercion faced by individuals during questioning.
Justice Chandran queried, “Are there instances of need for counsel mentioned in the petition?”
Responding, Guruswamy said the plea was filed in public interest, emphasising the need for a lawyer’s presence during questioning to advise an individual whether a question could be self-incriminating.
Chief Justice Gavai asked the counsel to provide specific references, following which Guruswamy cited the ‘India: Annual Report on Torture 2019’, published by the National Campaign Against Torture, which documented recurring instances of custodial abuse and impunity.
Taking note of the submission, the Bench issued notice on the plea.
The petition contends that the current practice of selective or conditional access to counsel during interrogation violates fundamental rights under Articles 20(3), 21, and 22 of the Constitution, and often leads to custodial violence and deaths.
It argues that disallowing the lawyer’s presence or restricting counsel to a visible but not audible range creates a coercive environment and undermines the right to a fair investigation and trial.
The plea seeks the following key reliefs: To declare the right to have legal counsel present during interrogation as a non-discretionary and unalienable right.
To interpret relevant provisions such as Section 41D of the CrPC, Section 38 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), and Section 50 of the Prevention of Money Laundering Act (PMLA) to include this right;
To frame guidelines ensuring access to counsel during enquiry or interrogation, in line with Articles 20(3), 21, and 22(1) of the Constitution and;
To mandate prior notice to every person under enquiry about their right to silence and right to legal counsel.
