Institute of Legal and Management Studies

The Supreme Court agreed to hear tomorrow a writ petition filed challenging the arrest of an advocate by the Haryana police in connection with a murder case.

The matter relates to the arrest of Advocate Vikram Singh by the Gurugram Police.

Advocate Menees Dubey mentioned the matter before Chief Justice of India BR Gavai for urgent listing. Senior Advocate Vikas Singh, President of the Supreme Court Bar Association, supporting the plea, said that the matter related to the independence of the legal profession.

"An advocate, against whom there is no evidence for even summoning, has been arrested," Singh said. CJI agreed to hear the matter tomorrow. Last week, the lawyers of the Delhi District Courts had abstained from work to protest against the arrest of Advocate Vikram Singh.

Singh was arrested by the Gurugram STF on October 31 and was remanded to 14 days of judicial custody by the Judicial Magistrate, Faridabad, on November 1.

The FIR is registered in relation to the murder of one Suraj Bhan, who was allegedly shot dead by the gang of Kapil Sangwan @ Nandu. Vikram Singh's client Jyoti Prakash @ Babu was arrested in the case on March 16, 2024.

According to the petition, Singh had filed several applications in court alleging that his client was being ill-treated in police custody.

Singh stated in the petition that the Investigating Officer had issued him notices under Section 41A of the CrPC, demanding that he appear before the police and disclose information regarding his clients, including Kapil Sangwan. He alleged that when he visited the police station on October 31 in response to such a notice, he was arrested without justification.

In his Article 32 petition, Singh has described his arrest as an “exceptional case” warranting the Supreme Court's intervention, asserting that it represents a direct assault on the independence of the Bar.

“The manner of arrest, following a nineteen-month silence after FIR registration when all other accused stand released on bail, reveals a calculated attempt to intimidate and punish a member of the Bar for fearless representation of his clients,” the petition states.

It further alleges that the coercive action was undertaken in defiance of constitutional safeguards, sending “a chilling message to the legal fraternity” and undermining the rule of law.

The plea emphasises that it is a settled principle of law that an advocate cannot be compelled to disclose client-related information or be subjected to coercive action for discharging professional duties. Doing so, the petition argues, “strikes at the very root of the rule of law and the right to legal representation.”

Reference is also placed on the recent judgment of the Supreme Court directing the police officers not to summon advocates to get clients' details.

The petition was drafted by Bhanu Pratap Singh, Kehshav Singh, Md. Imran Ahmad, Udit Thakran Advocates. It was filed through Arjun Singh Bhati.