SC issues notices on plea for lawyer access during police interrogation

The petition sought directives to recognise the presence of a lawyer during questioning as an inalienable and non-discretionary right, calling for framing of guidelines guaranteeing access to the same

The Supreme Court on Wednesday issued notices to the Centre, states, and Union Territories in a public interest litigation (PIL) seeking to make it a fundamental right for individuals to have their lawyer present during police or investigative agency interrogations, PTI reported.

 

The plea was filed by lawyer Shaffi Mather and was listed before a bench of Chief Justice BR Gavai and Justice K Vinod Chandran. Senior advocate Menaka Guruswamy, appearing for the petitioner, referred to the India: Annual Report on Torture 2019 by the National Campaign Against Torture, which highlights widespread instances of custodial torture and lack of accountability.

 

Petitioner cites constitutional safeguards

The plea argued that the existing practice, where access to lawyers is either denied or limited to being “visible but not audible”, violates an individual’s fundamental rights and often leads to custodial violence and deaths. It added that laws such as the Prevention of Money Laundering Act (PMLA) and the Narcotic Drugs and Psychotropic Substances (NDPS) Act permit interrogation without a lawyer or restrict their presence to mere visibility, PTI reported.

 

The counsel further submitted that the presence of a lawyer helps individuals understand whether specific questions are incriminating, thereby preventing coerced or uninformed self-incrimination. 

 

Call for guidelines on lawyer access

The petition sought directives to recognise the presence of a lawyer during questioning as an inalienable and non-discretionary right, and urged the framing of guidelines guaranteeing such access.

 

It relied on constitutional provisions under Articles 20(3) — the right against self-incrimination — Article 21, and Article 22, which grants an arrested person the right to consult a lawyer of their choice.  (With PTI inputs.)