Abhishek Anand v. Union of India through Its Secretary Ministry of Home Affairs & Ors.
Case brief
What is this about?
Delhi High Court, W.P.(CRL) 1202/2026, Justice Girish Kathpalia, decided 15.04.2026. CBI notice under Section 94 and Section 179 BNSS quashed/set aside; advocate summoned despite having only given legal opinion to a witness; SPP and IO (DSP Jyoti Shankar Sah) conceded mistaken impression of legal position and sought withdrawal of notice; bar on further CBI notices in investigation RC 0592026A0002/CBI/STB/New Delhi; rider permitting future action if complicity in personal capacity emerges; petitioner sought compliance with Supreme Court directions in 'Summoning Advocates who give legal opinion or represent parties during investigation of cases & related issues, In Re, 2025 SCC OnLine SC 2320'; writ of certiorari/mandamus; BNSS 2023; CBI/STB/New Delhi; CRL.M.A. 11491/2026 & 11490/2026 disposed of.
What did the court decide?
Notice dated 10.04.2026 (No. 1044/059/2026/A/0002/CBI/STB/New Delhi) under Sections 94 and 179 BNSS set aside; respondents directed not to issue any further notice to the petitioner in connection with the subject investigation, subject to the rider that if the IO later finds material showing the petitioner's complicity in his personal capacity rather than his professional capacity, appropriate action in accordance with law shall be taken.