Supreme Court Notice on PIL for Guaranteed Legal Counsel
The Supreme Court has issued a notice on a Public Interest Litigation (PIL) seeking guaranteed presence of legal counsel for arrested and summoned individuals.
The plea also seeks guidelines for mandatorily granting notice of rights to silence and right to counsel to any individual under enquiry or being questioned by the State.
The right of the presence of legal counsel of an individual being questioned by the State to be a non-discretionary, non-discriminatory and unalienable right.
A bench of CJI BR Gavai and Justice K Vinod Chandran issued notice on a plea filed by lawyer Shaffi Mather, seeking interpretation of statutory provisions to include the said right.
- Relevant statutory provisions: Section 41D of the CrPC and Section 38 of the BNSS
- Applicable provisions under special laws: Section 50 of the PMLA
Author's summary: Supreme Court issues notice on PIL for legal counsel rights.