Supreme Court considers plea for lawyer’s presence during police interrogation. CJI Gavai-led bench seeks clarity. | The Legal Observer

In a move that could reshape interrogation protocols in India, the Supreme Court has agreed to examine whether legal representation should be allowed during police questioning.

Supreme Court Engages With Petition on Interrogation Rights

The Supreme Court of India on Wednesday issued a notice in a significant writ petition seeking the right for individuals to have their lawyer present during police or investigative interrogations. The matter was heard by a bench led by Chief Justice BR Gavai and Justice K Vinod Chandran, spotlighting a constitutional question tied to accused rights and procedural fairness.

The plea, filed by advocate Shaffi Mather, argues that the absence of legal counsel during custodial questioning exposes individuals to possible coercion or violations of their fundamental rights under Article 21 of the Constitution.

At the hearing’s outset, the bench queried whether the petition included any reference to specific incidents where individuals were subjected to duress or coercive methods during interrogation. While the reply from the petitioner remains awaited in full, the notice itself marks a critical acknowledgment by the apex court of growing legal concerns around custodial practices.

This development follows a broader judicial trend emphasizing accountability in law enforcement conduct, including recent Supreme Court directions on unlawful arrests and the responsibility of DGPs in ensuring due process.

The petition underscores that the presence of a lawyer, even at a non-intrusive distance, could deter potential misuse of power while maintaining investigative integrity. This proposal draws parallels with international norms, where such legal safeguards are more robustly enforced.

For further context on evolving legal standards and detainee rights, refer to our National News section.