"This is not done": Delhi High Court stays CBI summons to lawyer, directs IO to appear before Court

The Delhi High Court on Saturday stayed the summons issued by the Central Bureau of Investigation (CBI) to a lawyer, allegedly for sending an email on behalf of his client in the discharge of his professional duties [Sachin Bajpai v Union of India & Ors].

Justice Swarana Kanta Sharma also summoned the investigating officer (IO) to the Court. 

The Court said that if this conduct is allowed, lawyers will not be able to work.

“I am staying this. Please ask the IO to be present in Court…  This is just not done. This way, lawyers won’t be able to work,” the Court remarked. 

The case will be heard next on December 23.

The Court passed the order while dealing with a plea filed by advocate Sachin Bajpai seeking quashing of a notice dated December 19 issued by the CBI under Sections 94 and 179 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), summoning him to appear before the investigating officer.

The FIR relates to alleged offences under the Bharatiya Nyaya Sanhita (BNS) and provisions of the Information Technology Act, 2000, against a private company, Lord Mahavira Services India Private Limited, and its directors.

According to the petition, advocate Bajpai was approached by one of the company’s directors for legal assistance after the FIR was registered.

It was alleged that when a staff member of the company attempted to submit documents to the CBI in cooperation with the investigation, he was unlawfully detained for several hours and subjected to physical and verbal abuse.

Subsequently, on December 15, Bajpai sent an email to the CBI attaching some documents and information. The lawyer said that the email was sent on his client’s instructions. Two days later, he secured anticipatory bail for the client from the court. 

However, on December 19, the IO issued him a notice, directing him to appear and to produce certified documents and to have his statement recorded. 

In his plea before the High Court, the lawyer said that the summons issued by the CBI is arbitrary and amounts to interference with the administration of justice. He added that if the notice was to stand, it would “set a dangerous precedent where advocates may be routinely targeted for discharging their professional duties”.

Senior Advocates Mohit Mathur and Sandeep Sharma along with advocates Nitesh Mehra, Gaurav Bhardwaj, Ashish Sareen, Kumar Kshitij, Anurag Mishra, Adarsh Ratnesh, Somi Sharma and Utkarsh Dwivedi appeared for petitioner Sachin Bajpai.

The CBI was represented by advocate Ripu Daman Bhardwaj.