Date: – 15.10.2025
Case Title: – SHAFFI MATHER v. THE UNION OF INDIA
Citation : – W.P.(Crl.) No. 401/2025
Hon’ble Supreme Court Bench:- Chief Justice of India BR Gavai & Justice Viond Chandran.
The Supreme Court on Wednesday issued notice on a writ petition seeking directions to allow the presence of an individual’s lawyer during the interrogation by police or other investigating agencies.
The petition is filed with the assistance of AOR Prateek K Chadha
The main reliefs sought by the petitioner are :
- Reading the right of the presence of the legal counsel of an individual being questioned / interrogated by the State / investigation agency / investigating officer to be a non-discretionary, non-discriminatory and unalienable right;
- Reading the relevant statutory provisions viz. Section 41D- of the CrPC and Section 38 of the BNSS along with the applicable provisions under special laws, such as Section 50 of the PMLA, to include the above interpretation;
- Framing guidelines for the grant of access to one’s legal counsel during an enquiry / interrogation by the State, police or other investigation agencies or investigating officers in a manner that furthers the interrogatee’s fundamental rights under Articles 20(3), 21, and 22(1) of the Indian Constitution as envisaged and intended by the framers of our constitution
- Framing guidelines for mandatorily granting notice of rights to silence and right to counsel to any individual under enquiry or being questioned or interrogated by the State or investigation agencies or investigating officers.
- Pass such other or further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice.
