Supreme Court issues notice on plea seeking access to lawyer during inquiry

The Supreme Court on Wednesday, October 15, 2025, asked the Union government, States and Union Territories to respond to a petition requesting that anyone arrested or summoned by investigating agencies be allowed access to a lawyer during an inquiry or inquiry.

A bench of Chief Justice of India (CJI) BR Gavai and Justice K. Vinod Chandran were hearing a public interest litigation filed by advocate Shaffi Mather, arguing that although the right to consult a lawyer during interrogation has been legally recognized and reaffirmed by the apex court in various judgments, it continues to be inconsistently practiced by the investigating authorities.

Senior advocate Menaka Guruswamy, appearing on behalf of the petitioner, argued that the presence of a lawyer is vital to ensure that nothing is said that could incriminate him, which is protected under Article 20(3) of the Constitution. “This petition seeks only to enforce and expand the fundamental right of access to a lawyer at all stages of an investigation or investigation, whether by the police or investigative agencies such as the Enforcement Directorate,” he said.

When the bench asked her if she could point out examples of such violations, Ms Guruswamy referred to the findings of the National Human Rights Commission (NHRC) highlighting cases of torture during interrogation. “This is a petition prepared by lawyers. We have attached reports containing compelling statements. We only want Article 20(3) to be implemented,” he said.

Ms. Guruswamy further stated that even if access to legal counsel is granted, it is at the discretion of the investigating officer, who decides which parts of the interrogation the lawyer can be present for. He also quoted ‘India: Annual Torture Report 2019’ published by the non-profit National Campaign Against Torture in 2020, noting that 93 of the 125 custody deaths documented in 2019 were allegedly caused by torture, 24 occurred under suspicious circumstances, while in the remaining cases, the cause was unknown.

The senior lawyer also pointed out that Article 38 of the Bhartiya Nagarik Suraksha Sanhita, 2023 provides that “when any person is arrested and interrogated by the police, he shall have the right to consult a lawyer of his choice during interrogation, though not during interrogation.”

The petition emphasizes the need to introduce guidelines under special laws such as the Prevention of Money Laundering Act, Narcotic Drugs and Psychotropic Substances Act and Customs Act to ensure that there is no coercion or torture during interrogation.

“This coercive and piecemeal pattern of access to a lawyer is not only contrary to the right to counsel under Article 22 and the right against self-incrimination under Article 20(3), but also violates the guarantees of due process, fair investigation and fair trial in Articles 21 and 22, thus leading to the perpetuation of abuses of custody by the investigative institutions and undermining the integrity of the investigation,” the defense said.