SC issues notice on plea seeking lawyer access during inquiry, Pg10

Key Highlights:

• The Supreme Court has sought a response from the Union government, States, and Union Territories regarding access to lawyers during inquiries or investigations.
• The petition was filed by advocate Shaffi Mather, arguing for consistent enforcement of the right to consult a lawyer during interrogation.
• Senior advocate Menaka Guruswamy argued that a lawyer's presence is crucial to prevent self-incrimination, protected under Article 20(3) of the Constitution.
• The petition references findings by the National Human Rights Commission highlighting instances of torture during interrogation.

Detailed Insights:

• The petition aims to enforce the fundamental right to counsel during all stages of inquiry or investigation, regardless of the investigating agency.
• Article 20(3) of the Constitution protects individuals from being compelled to be a witness against themselves.
• The inconsistent enforcement of legal counsel access has led to concerns about potential violations of fundamental rights during investigations.
• The Supreme Court's notice seeks to address the gap between the legal right to counsel and its practical implementation across the country.

Key Concepts Involved:

• Article 20(3): Guarantees that no person shall be compelled to be a witness against themselves.
• Public Interest Litigation (PIL): A lawsuit filed in the public interest, seeking judicial intervention for matters affecting the general public.
• Enforcement Directorate: A law enforcement agency that investigates economic crimes and violations of foreign exchange laws.