SC issues notice on plea seeking lawyer access during inquiry, Pg10
Supreme Court addresses petition seeking lawyer access during inquiry, reinforcing Article 20(3) rights against self-incrimination during investigation.
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.