logo
Probe agencies can't summon lawyers: AG; CJI says 'ED officers crossing all limits'

Probe agencies can't summon lawyers: AG; CJI says 'ED officers crossing all limits'

Time of India6 days ago
Supreme Court (File photo)
NEW DELHI: Admitting that ED erred in summoning senior advocates Arvind Datar and Pratap Venugopal for rendering legal opinions to clients in a laundering case, attorney general R Venkataramani Monday told Supreme Court that all probe agencies have been asked not to commit this mistake in future.
'We'll frame guidelines in this regard,' AG told a bench of CJI B R Gavai and Justice K Vinod Chandran while it was hearing a suo motu case regarding the summons, which were later withdrawn.
'ED officers are crossing all limits. They must know that under law, communication between a lawyer and his client is a privileged communication,' Gavai said.
If a lawyer is involved in crime, law will take its own course: CJI
However, if a lawyer is involved in a crime, law will take its own course,' CJI Gavai said.
SC would take up petitions filed by various bar associations on July 29 to attempt to lay down comprehensive guidelines in this regard, he added.
On the joint pleas of SCBA president Vikas Singh, SC Advocates-on-Record president Vipin Nair, senior advocates Mukul Rohatgi and Vijay Hansaria, the CJI-led bench said it would frame guidelines for agencies and bar them from summoning advocates for legal opinion or advice rendered to clients facing prosecution.
by Taboola
by Taboola
Sponsored Links
Sponsored Links
Promoted Links
Promoted Links
You May Like
American Investor Warren Buffett Recommends: 5 Books For Turning Your Life Around
Blinkist: Warren Buffett's Reading List
Undo
While agreeing with AG, solicitor general Tushar Mehta pointed out another malady afflicting some in the legal professions. "It is equally wrong on the part of advocates, who appear for or advise a client, to create a planned narrative in favour of their client and against the probe agency through social media before and after filing of a petition in a court. Lawyers must stick to their duty of presenting the case before the court,' he said.
Mehta said, "The communication between a lawyer and his client is no doubt privileged and which must be immune from investigation, But would a lawyer's action in creating a narrative for his client outside the court also enjoy the status of a privileged communication? Would it not amount to an attempt to influence the public and judiciary about a case?'
CJI Gavai asked, 'Have you ever found a judgment or order of a court getting swayed or influenced by such narratives spun by lawyers outside the court? We go by facts and submissions in the courtroom and do not even watch or read what the lawyers speak outside the courtroom about the case.'
Mehta said the issuance of summons to Datar was brought to the notice of the 'highest executive' and within six hours a circular was issued by the ED barring its officers from issuing summons to any advocate. Singh, Nair and Hansaria said issuance of summons to advocates by probe agencies would have a chilling effect on the independence of the legal profession.
Orange background

Try Our AI Features

Explore what Daily8 AI can do for you:

Comments

No comments yet...

Related Articles

Congress sidelines ally NC with solo push for J&K statehood, raising pressure on ruling party
Congress sidelines ally NC with solo push for J&K statehood, raising pressure on ruling party

New Indian Express

time25 minutes ago

  • New Indian Express

Congress sidelines ally NC with solo push for J&K statehood, raising pressure on ruling party

SRINAGAR: For the first time since the formation of the Omar Abdullah-led government in Jammu and Kashmir last year, the Congress party has pushed its ally, the National Conference (NC), into an uncomfortable political corner. By unilaterally stepping up its campaign for the restoration of statehood, Congress has not only bypassed its long-time partner but also taken the battle to the national stage on its own terms. Congress, which contested the 2024 J&K Assembly elections in alliance with NC and won six seats, has so far refused to join the government, maintaining it would only do so once statehood is restored. Now, the party has intensified its push by organising protests in Srinagar, Jammu, and at Jantar Mantar in Delhi. Top Congress leaders, including party president Mallikarjun Kharge and Leader of the Opposition in the Lok Sabha Rahul Gandhi, have written to Prime Minister Narendra Modi, demanding that a bill to restore statehood be introduced during the ongoing monsoon session of Parliament. Congress's assertive stance appears to have caught the NC off guard. While the NC campaigned on restoring Article 370, the issue was effectively shelved after the party formed the government.

Monsoon session: Parliament to debate Operation Sindoor; after washout week, top guns to face off
Monsoon session: Parliament to debate Operation Sindoor; after washout week, top guns to face off

Time of India

time37 minutes ago

  • Time of India

Monsoon session: Parliament to debate Operation Sindoor; after washout week, top guns to face off

Lok Sabha NEW DELHI: After a week of disruptions, Parliament's Monsoon session is poised to shift gears on Monday with an intense debate on the Pahalgam terror attack and Operation Sindoor , as the ruling BJP-led National Democratic Alliance (NDA) and the opposition prepare to go head-to-head over national security and foreign policy issues. Top ministers from the government and senior leaders from the opposition are expected to participate in what is being billed as a marathon 16-hour debate in both Houses, starting with the Lok Sabha on Monday, followed by the Rajya Sabha on Tuesday. These discussions, sources told the news agency PTI, may extend well beyond the allotted time, given the political stakes involved. Home minister Amit Shah, defence minister Rajnath Singh, and external affairs minister S Jaishankar are expected to lead the government's charge during the debate. Prime Minister Narendra Modi reportedly may intervene to highlight what the government views as its 'robust' record on national security. On the opposition side, Congress leaders Rahul Gandhi and Mallikarjun Kharge are likely to lead the charge, alongside Samajwadi Party's Akhilesh Yadav and other senior leaders from the INDIA bloc. Their criticism has focused on alleged intelligence failures preceding the April 22 Pahalgam terror attack, which killed 26 civilians, and on US President Donald Trump's repeated claims of mediating between India and Pakistan. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Baking Soda Tricks Everyone Should Know About Beach Raider Undo Rahul Gandhi has targeted the government's foreign policy, arguing that India failed to garner international backing during Operation Sindoor. He has also cited Trump's mediation remarks as evidence of the government's diplomatic setbacks. PM Modi, however, has hailed Operation Sindoor, India's cross-border strike on terror bases in Pakistan and Pakistan-occupied Kashmir, as a resounding success that showcased the effectiveness of the country's indigenous defence capabilities. 'India has drawn a 'new normal' in its response to Pakistan-linked terrorism, and it will not differentiate between terrorists and their sponsors,' PM Modi asserted, defending the government's firm approach in the aftermath of the Pahalgam attack. India caused serious damage to several Pakistani air bases in the four-day conflict. Meanwhile, the NDA plans to field a wide range of speakers, including ministers and MPs from the seven multi-party delegations that travelled to over 30 global capitals to explain India's position post-Operation Sindoor. These include Shrikant Shinde (Shiv Sena), Sanjay Jha (JDU), and Harish Balayogi (TDP), among others. A key point of interest remains whether Congress MP Shashi Tharoor, who led one of the delegations to the US, will be allowed to speak during the debate. His public praise for the government's handling of the operation has reportedly created friction within his party. However, sources suggest that a way may be found for him to participate, given the significance of his role. While the focus is shifting to national security, one unresolved issue continues to hang over the session -- the opposition's demand for a debate on the Special Intensive Revision (SIR) of electoral rolls in Bihar. The opposition claims the Election Commission's exercise could benefit the BJP in the upcoming Bihar polls, an allegation the EC has denied, stating the revision is aimed solely at ensuring only eligible voters are on the rolls. Parliamentary affairs minister Kiren Rijiju, speaking on July 25 after the session's first week ended in a washout, confirmed that the opposition had agreed to begin discussions on the twin issues of Pahalgam and Sindoor. However, on the SIR issue, Rijiju reiterated the government's position: 'Every issue cannot be taken up for discussion in Parliament at once,' adding that the government will consider the demand for a separate debate in due course, as per the rules.

Delhi: JP Nadda joins veterans in Defence Colony for Mann Ki Baat
Delhi: JP Nadda joins veterans in Defence Colony for Mann Ki Baat

Hans India

timean hour ago

  • Hans India

Delhi: JP Nadda joins veterans in Defence Colony for Mann Ki Baat

BJP National President and Union Health Minister Jagat Prakash Nadda on Sunday led the party's Delhi unit leaders in tuning in to Prime Minister Narendra Modi's 'Mann Ki Baat' radio show in the company of veterans. Nadda listened to the 'Mann Ki Baat' programme at Defence Colony along with Vinod Tawde, Baijayant Jay Panda, Delhi BJP President Virendra Sachdeva, Bansuri Swaraj, and retired army officers at an event coordinated by local MLA Neeraj Basoya. Additionally, the Delhi BJP made arrangements for the public to listen to the programme across 14 organisational districts. Sachdeva stated that PM Modi consistently strives to bring positive stories and initiatives from across the country to the public through Mann Ki Baat. As a result, the programme has now become a people's movement. He added that the way PM Modi highlighted how science in the 21st century is rapidly progressing with renewed energy is commendable. He mentioned the recent success of Indian students at the International Chemistry Olympiad and that students also won three golds, two silvers, and one bronze medal at the International Mathematical Olympiad held in Australia — a matter of great pride. Elsewhere, Union Minister of State Harsh Malhotra and Delhi BJP's Organisational General Secretary Pawan Rana listened to the programme in Gharauli, East Delhi, with Mayur Vihar District President Vijendra Dhama and party workers. Earlier, the Delhi BJP President paid tribute to the three civil services aspirants who tragically drowned on July 27, 2024, due to sewer backflow in the basement of a coaching centre in Rajendra Nagar, as well as a student who died from electrocution due to a hanging wire in Patel Nagar. Sachdeva stated that due to criminal negligence and corruption by the Arvind Kejriwal government, no proper cleaning of drains and sewers was carried out in 2024, which led to the untimely deaths of these four talented students – Naveen Dalwin, Shreya Yadav, Tanya Soni, and Nilesh Rai – along with nearly 50 other citizens of various ages, who died due to drowning in waterlogged areas. The Bharatiya Janata Party had promised in its 2025 election manifesto that it would seriously address the issue of waterlogging, and we are satisfied that our government has managed to keep waterlogging to a minimum. Sachdeva further stated that the BJP-led Delhi government had pledged to prevent the recurrence of such accidents in Rajendra Nagar, Patel Nagar, Moti Nagar, Burari, Kirari, and other areas. 'We are proud that, unlike last year when over 50 lives were lost due to waterlogging in Delhi, no such incidents occurred this year due to the vigilance and preparedness of the government,' he said.

DOWNLOAD THE APP

Get Started Now: Download the App

Ready to dive into a world of global content with local flavor? Download Daily8 app today from your preferred app store and start exploring.
app-storeplay-store