The Kerala High Court recently came down hard on the Njarakkal Police for summoning a lawyer to the police station. The court said this looked like an attempt to threaten the lawyer, who had earlier complained that his clients were tortured in police custody.
What Happened in Court?
The case was heard by Justice Kauser Edappagath, who questioned police for sending a legal notice (under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)) to a lawyer.
The judge stated; “How can a lawyer, who is an officer of the court, be treated like a suspect? If compensation is claimed, the police will have to pay. This is a violation of fundamental rights (Articles 21).”
The police officer present in court admitted that the notice had already been withdrawn and submitted proof. However, the court hinted it may pass a strict order to prevent such harassment of lawyers in the future.
Why Was the Lawyer Summoned?
The lawyer, Ajikumar KK from Kochi, was defending a couple accused of being Bangladeshi nationals using fake Aadhaar and voter IDs. After their arrest, the lawyer accused the police of torturing one of the accused in custody and filed a complaint before a magistrate.
Soon after; the police sent two notices to the lawyer:
- First, under Section 94 of BNSS, asking for documents related to the case (but he had already submitted them in court).
- Later, under Section 35(3) of BNSS, summoning the lawyer himself as if he were a suspect.
The lawyer then approached the High Court, arguing that this was intimidation for exposing police misconduct.
What Did the Court Say?
The judge made it clear that police cannot force lawyers to reveal private talks with clients (protected under Section 126 of the Indian Evidence Act).
The court also said:
“Police have no right to summon an advocate just to disclose confidential client discussions. This is wrong and needs strong justification.”
The judge noted that the police action seemed like revenge because the lawyer had filed a custodial torture complaint against them.
Why Is This Case Important?
- Lawyers’ Safety– The court emphasized that lawyers must work freely without police threats.
- Client-Lawyer Privacy– Police cannot demand private legal discussions between a lawyer and client.
- Police Accountability– The case shows that police misuse of power will face strict judicial scrutiny.
What Happens Next?
- The case will be heard again on March 27, 2025.
- The court may issue a detailed order to protect lawyers from such police actions in the future.
Inferences Drawn
This case highlights the importance of protecting lawyers so they can defend their clients without fear. The Kerala High Court’s strong stance sends a message that police cannot harass lawyers for doing their job. It also reminds us that a fair justice system depends on lawyers being able to work freely, without pressure or threats from those in power. The final order which is expected soon could set new guidelines to prevent such misuse of power.
About Author
This article has been written by Abhinaya Moses, a committed LLM student of Taxation Laws at Government Law College, Coimbatore. With a hungry legal mind and writing skill, she entwines even the most abstract tax concepts with engaging content writing effortlessly. She is striving to position herself as a potential tax expert and interesting legal blogger capable of making law interesting.