Delhi High Court Stays CBI Summons to Lawyer, Calls Action “Not Done”
Court says summoning lawyers for professional duties undermines justice system
Investigating officer directed to appear before court on December 23
By Our Legal Reporter
New Delhi: December 21, 2025:
In a significant development, the Delhi High Court has stayed summons issued by the Central Bureau of Investigation (CBI) to advocate Sachin Bajpai, who was called for questioning after sending an email on behalf of his client. The Court, led by Justice Swarana Kanta Sharma, expressed strong disapproval of the CBI’s conduct, remarking that “this is not done” and warning that such actions could prevent lawyers from performing their professional duties.
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The case, titled Sachin Bajpai v Union of India & Ors, raises important questions about the independence of the legal profession and the limits of investigative powers.
Background of the Case
- Advocate Sachin Bajpai filed a plea challenging a CBI notice dated December 19, 2025, issued under Sections 94 and 179 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).
- The summons required him to appear before the agency for allegedly sending an email on behalf of his client.
- Bajpai argued that the summons violated his professional rights as a lawyer, since sending communications on behalf of clients is part of his duty.
- The High Court stayed the summons and directed the investigating officer (IO) to personally appear before the court on December 23, 2025.
Court’s Observations
Justice Swarana Kanta Sharma made strong remarks during the hearing:
- “This is not done”: The Court criticized the CBI’s action, saying that if such conduct is allowed, lawyers will not be able to work freely.
- Protection of Legal Profession: The Court emphasized that lawyers must be able to discharge their duties without fear of being summoned for routine professional acts.
- Judicial Oversight: By directing the IO to appear before the court, the judge reinforced the principle of accountability in investigative actions.
Legal Significance
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This ruling highlights the constitutional protection of the legal profession under Article 19(1)(g), which guarantees the right to practice any profession. Summoning a lawyer for performing professional duties could be seen as an infringement of this right.
The case also underscores the importance of judicial oversight over investigative agencies, ensuring that their powers are not misused to intimidate or harass legal practitioners.
Implications of the Judgment
- For Lawyers: The ruling reassures advocates that their professional duties cannot be criminalized or treated as suspicious.
- For Investigative Agencies: The CBI and other agencies must exercise caution when dealing with lawyers, respecting their role in the justice system.
- For Clients: The judgment ensures that clients can rely on their lawyers to act without fear of reprisal from investigative bodies.
- For Judiciary: The case strengthens the judiciary’s role as a guardian of professional independence and constitutional rights.
Expert Reactions
Legal experts have welcomed the ruling, calling it a landmark protection of the legal profession. Senior advocates noted that if lawyers are penalized for sending emails or representing clients, it would undermine the very foundation of the justice system.
Some analysts also pointed out that the case reflects growing tensions between investigative agencies and the legal fraternity, making judicial intervention crucial.
Broader Context
This case comes at a time when investigative agencies in India are facing increased scrutiny over their powers. The judiciary has repeatedly emphasized the need for fairness, accountability, and respect for professional independence.
Globally, similar debates exist about the extent to which lawyers can be compelled to cooperate with investigations without compromising client confidentiality or professional duties.
Conclusion
The Delhi High Court’s decision to stay the CBI summons to lawyer Sachin Bajpai is a strong reaffirmation of the independence of the legal profession. By declaring “this is not done,” Justice Swarana Kanta Sharma sent a clear message that lawyers cannot be harassed for performing their professional duties.
The upcoming hearing on December 23, 2025, will be closely watched, as it may set a precedent for how investigative agencies interact with lawyers in India.
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