Kerala High Court Quashes Police Notice Summoning Advocate in Client’s Case

 Kerala High Court Quashes Police Notice Summoning Advocate in Client’s Case

In a significant ruling, the Kerala High Court has reaffirmed the fundamental rights of advocates and the sanctity of privileged communication. The case involved an advocate who was summoned by the police under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, merely for representing his client in a criminal case.

The Hon’ble Dr. Justice Kauser Edappagath ruled that such a notice was illegal, ultra vires, and an abuse of process, violating both the Advocates Act, 1961 and Article 19(1)(g) of the Constitution of India. The court emphasized that:

✅ Police cannot summon an advocate in a case solely because they represent the accused.

✅ Client-advocate communication is privileged under Section 132(1) of the Bharatiya Sakshya Adhiniyam (BSA), 2023.

✅ Criminal law should not be weaponized for harassment or intimidation.

This decision reinforces the independence of the legal profession and prevents police overreach into an advocate’s duty to defend their client. It is a crucial precedent for safeguarding fair legal representation and due process in India.