GS 2: PolityGS 2: Social JusticePrelims

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.

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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.
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