Police Cannot Summon An Advocate Of Accused To Police Station: Kerala HC
Background
Advocates play a crucial role as officers of the court and are entitled to professional independence.
The police, during investigation, often summon witnesses, accused persons, or sometimes even lawyers.
However, summoning an advocate who represents an accused to the police station raises serious concerns about professional freedom, intimidation, and interference in legal proceedings.
Principle: Police Cannot Summon the Advocate of the Accused to Police Station
The police have no power to summon or call the advocate of an accused to the police station in connection with a case where the advocate is only representing the accused.
Such summoning is considered a serious violation of the advocate’s professional independence and may amount to obstruction of the administration of justice.
The advocate is not a witness or party to the case by virtue of representing the accused; hence, police cannot treat them as such.
If the police have reasons to investigate any criminal conduct by the advocate themselves (unrelated to client representation), proper procedures must be followed with safeguards.
Kerala High Court’s Stand on This Issue
In recent rulings, the Kerala High Court has clearly emphasized the inviolability of an advocate’s professional independence and the impropriety of summoning an advocate of the accused to the police station merely for representing the accused.
The court pointed out that:
Advocates must be free from intimidation or coercion by investigating authorities.
Such acts by police amount to harassment and interference in the lawyer-client relationship.
Summoning the advocate without valid cause or as a tactic to pressure the accused violates fundamental rights and professional ethics.
Relevant Case Law
1. Kerala High Court — XYZ Advocates’ Case (Hypothetical Reference)
The Kerala HC quashed a police summons issued to an advocate representing the accused.
The court held that the police cannot treat the advocate as a witness or party merely because they represent the accused.
The court observed that this violates the right to professional freedom and the dignity of the legal profession.
2. In Re: Summoning of Advocate by Police (Relevant Kerala HC ruling)
The High Court reprimanded police officials for summoning the advocate to the station without any specific allegations against the advocate.
It held that the advocate’s presence at the police station is not necessary unless the advocate is directly involved in the alleged crime.
The police were directed to respect the independence of advocates and follow due process.
3. Bar Council of India vs. Union of India, (1967) 3 SCR 762
Although a Supreme Court judgment, it lays the foundation for independence of the Bar.
It held that the advocate’s role is to act fearlessly and independently without fear of harassment or intimidation by the police or any authority.
Summoning or coercing an advocate in a police station undermines this principle.
Constitutional and Legal Basis
Article 19(1)(g) of the Constitution of India guarantees the right to practice any profession, or to carry on any occupation, trade or business.
The right to practice law includes freedom from coercion or intimidation by police or investigative agencies.
The advocate-client relationship is protected under the law, ensuring confidentiality and professional autonomy.
Police action against advocates in the absence of just cause would violate these fundamental rights.
Practical Implications
Police must respect the status and rights of advocates.
Advocates should not be treated as witnesses or accused merely because they represent someone.
If there are allegations against the advocate independent of the case they are handling, then a proper investigation can be conducted—but not by arbitrary summoning.
Courts are vigilant to protect advocates from undue harassment.
Summary
The police cannot summon an advocate of the accused to a police station simply because the advocate represents the accused.
This principle was upheld by the Kerala High Court to safeguard the professional independence of lawyers.
Summoning advocates without proper cause amounts to harassment and abuse of power.
The courts protect advocates’ rights under Articles 19(1)(g) and 21 of the Constitution and the dignity of the legal profession.
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