Supreme Court Issues Notice on PIL Seeking Guaranteed Presence of Legal Counsel
The Supreme Court has issued a notice on a Public Interest Litigation (PIL) seeking to guarantee the presence of legal counsel for individuals who are arrested or summoned.
The plea, filed by lawyer Shaffi Mather, also seeks guidelines for mandatorily granting notice of rights to silence and right to counsel to any individual under enquiry or being questioned or interrogated by the State or investigation agency.
The right of the presence of legal counsel of an individual being questioned/interrogated by the State/investigation agency/investigating officer to be a non-discretionary, non-discriminatory and unalienable right.
A bench of CJI BR Gavai and Justice K Vinod Chandran has issued notice on the plea, which seeks to interpret relevant statutory provisions, including Section 41D of the CrPC and Section 38 of the BNSS, along with applicable provisions under special laws, such as Section 50 of the PMLA.
Author's summary: Supreme Court reviews PIL on legal counsel rights.
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