SC to hear suo motu plea on ED summoning lawyers for legal advice on Monday
A bench of Chief Justice B R Gavai and justices K Vinod Chandran and N V Anjaria will hear the matter.
New Delhi, Jul 13 (PTI) The Supreme Court is slated to hear on Monday a suo motu case over the issue of investigation agencies summoning lawyers who offer opinions to parties and represent them in cases.
However, on June 20, the ED directed its investigating officers not to issue summons to any advocate in money laundering investigations being carried out against their clients, adding that an exception to this rule can only be made after 'approval' by the agency's director.
The central probe agency, tasked with combating money laundering crimes, issued the circular for the guidance of its field formations, stating that 'no summons' should be issued to any advocate in violation of Section 132 of the Bhartiya Sakshya Adhiniyam (BSA), 2023.
'Further, if any summons needs to be issued under the exceptions carved out in proviso to Section 132 of the BSA, 2023, the same shall be issued only with the prior approval of the director, ED,' the agency said.
The counsel had offered legal advice to Care Health Insurance Limited on the employee stock ownership plan given to Rashmi Saluja, former chairperson of Religare Enterprises.
The summons were condemned by the Supreme Court Bar Association (SCBA) and the Supreme Court Advocates-on-Record Association (SCAORA), calling it a 'disturbing trend' that struck at the very foundations of the legal profession.
The bar bodies had urged the chief justice of India to take suo motu cognisance of the matter.
On June 25, a bench of justices K V Viswanathan and N Kotiswar Singh observed the legal profession was an integral component of the process of administration of justice and that allowing police or probe agencies to directly summon lawyers for advising clients would seriously undermine the autonomy of legal profession and was a 'direct threat' to the independence of the administration of justice.
The bench had framed a couple of questions in the matter.
'…when an individual has an association with a case only as a lawyer advising the party, could the investigating agency/prosecuting agency/police directly summon the lawyer for questioning?' the bench asked.
Another question read, 'Assuming that the investigating agency or prosecuting agency or police have a case that the role of the individual is not merely as a lawyer but something more, even then, should they be directly permitted to summon or should a judicial oversight be prescribed for those exceptional criteria?' The bench said since it was a matter directly impinging on the administration of justice, 'to subject a professional… when he is a counsel in the matter… prima facie appears to be untenable, subject to further consideration by the court'.
The order came when the top court was hearing a plea of a Gujarat-based advocate, challenging an order of the high court passed on June 12.
The high court in March 2025 refused to quash a notice summoning the lawyer before the police in a case against his client.
The top court, however, directed the state not to summon him till further orders and stayed the operation of the police's notice issued to him.
It said the lawyers engaged in legal practice, apart from their fundamental right under Article 19 (1)(g) of the Constitution, had certain rights and privileges guaranteed as legal professionals and further as a result of statutory provisions.
Article 19 (1)(g) of the Constitution deals with the right to practise any profession or to carry on any occupation, trade or business.
Underlining the issue as important, the bench called for the assistance of the attorney general, the solicitor general, the chairperson of the Bar Council of India, and the presidents of the SCBA and SCAORA.
The top court had asked the apex court registry to place the case files before the CJI for passing appropriate directions. PTI PKS SKY SKY
This report is auto-generated from PTI news service. ThePrint holds no responsibility for its content.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Mint
20 minutes ago
- Mint
Allianz Life confirms data breach affecting majority of 1.4M US customers
MINNEOLIS — Hackers gained access to personal data on the majority of the 1.4 million customers of Allianz Life Insurance Company of North America, the company confirmed Saturday. Minneapolis-based Allianz Life, a subsidiary of Munich, Germany-based Allianz SE, said the data breach happened on July 16 when a 'malicious threat actor' gained access to a third-party, cloud-based system used by the company. 'The threat actor was able to obtain personally identifiable data related to the majority of Allianz Life's customers, financial professionals, and select Allianz Life employees, using a social engineering technique,' Allianz Life said in a statement. "We took immediate action to contain and mitigate the issue and notified the FBI." The company said its own systems were not accessed, just the third-party's platform. Allianz Life said its investigation is ongoing and that the company has begun reaching out to the impacted individuals. It said the incident involves only Allianz Life in the U.S., not other Allianz corporate entities. In the case of data breaches, a 'social engineering technique' usually involves using trickery to gain access. Spokesman Brett Weinberg said he couldn't provide details because they are still investigating. Allianz Life also reported the breach to multiple other authorities, including the Maine Attorney General's Office. A filing on the agency's website said the company discovered the breach the day after it happened, and that it will be offering those affected 24 months of identity theft protection and credit monitoring. Allianz Life was known as North American Life and Casualty until it was acquired by German conglomerate Allianz SE in 1979 and changed its name to Allianz Life Insurance Company of North America. It has nearly 2,000 employees in U.S., with the majority working in Minnesota, according to its website. It is one of five North American subsidiaries of the Munich-based global financial services group Allianz SE, which says it serves more than 125 million customers worldwide. This article was generated from an automated news agency feed without modifications to text.
Time of India
34 minutes ago
- Time of India
Forest clearance delay stalls Belagavi Ring Road project
Belagavi: The ambitious Belagavi Ring Road project, aimed at decongesting city traffic, has hit a major roadblock due to the delay in securing forest clearance. The project remains stalled as state forest officials failed to respond to queries raised by the Union ministry of environment, forest and climate change. The Centre approved the project in three phases, allocating Rs 1,622 crore for the construction of a 34.5-kilometre ring road in the first phase. Union minister for road transport and highways Nitin Gadkari laid the foundation stone in Feb 2024, calling it a key infrastructure upgrade for Belagavi. The proposed road cuts through 27.3 hectares of reserve forest in the villages of Honaga, Kakati, Sonatti, Kanabargi, and Kalakhamb. Belagavi deputy conservator of forests (DCF) Maria Christu Raja D submitted his inspection report in Aug 2024, and based on his report, the state forest department recommended the diversion of forest land to the Centre in Jan 2025. However, questions have now been raised over the accuracy and completeness of the report submitted by the DCF. Bengaluru-based environmental activist Ramprasad flagged potential discrepancies, citing satellite images that allegedly show encroachment on portions of the forest land recommended for diversion, which were not mentioned in the DCF's report. Following the activist's complaint, the central forest department asked the state govt to submit a factual report by June 10, a deadline that has since lapsed without compliance. The failure to provide a factual report is now the primary reason for the delay in greenlighting the Ring Road Project. DCF Maria Christu Raja D declined to comment on the matter. Meanwhile, Belagavi South MLA Abhay Patil, a strong advocate for the project, expressed his frustration over the delay. "We worked hard to get this major project sanctioned by the Centre, but the inefficiency of local forest officials is stalling it. If the DCF fails to submit the required factual report within 15 days, I will protest in front of his office," he warned.
Time of India
an hour ago
- Time of India
Meet creator of sculptures that reflect India's heritage
You cannot miss it if you are driving into the city or exiting it through Dahisar toll naka. The majestic 30-foot statue of Chhatrapati Shivaji Maharaj astride a horse, adjacent to the highway at Kashimira in Mira-Bhayandar, is a sculpture aficionado's delight. Looking east, the equestrian statue of the Maratha warrior king is not just impressive, it carries a significant meaning because of the location it is installed at. As Unesco declared 12 forts of Chhatrapati Shivaji World Heritage sites recently, the spotlight also falls on city-based sculptor Sunil Kashinath Deore, who created this beautiful statue in bronze. It has been drawing admiration from thousands of passersby every day since the then chief minister Eknath Shinde unveiled it in Sept 2024. "Shivaji Maharaj raided Surat twice (in 1664 and 1670) and damaged the reputation of the Mughals. A substantial number of people who enter Mumbai from Gujarat by road take this route and meet Shivaji Maharaj at one of the city's gates," says Deore, 52, who collaborated with Garnet, which was commissioned to create the statue. In July 2022, Deore courted controversy after Prime Minister Narendra Modi inaugurated the national emblem cast atop the new Parliament building. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Hidden Cause Found: Dementia And Memory Loss Linked To This Habit Memory and Health Click Here Undo Many opposition leaders, including Jairam Ramesh, criticised the expressions of the lions cast on the emblem. The opposition leaders claimed that the original lions at the 'Lion Capital of Asoka' at Sarnath in UP look "sober and peace-loving" while those in the cast atop the new Parliament building look "aggressive and ferocious". You Can Also Check: Mumbai AQI | Weather in Mumbai | Bank Holidays in Mumbai | Public Holidays in Mumbai But did Deore, who collaborated with Jaipur-based metal casting expert Laxman Vyas, deviate from the original design? "No. The lions looked aggressive because photos were taken from a wide angle. It took us almost a year to prepare the replica," says Deore, a gold medallist from the prestigious J J School of Art in sculpture studies. Having inscribed his name in history by virtue of creating the replica of the national emblem that sits atop the new Parliament building, Deore has bagged another important assignment: To create murals for different offices at the new central secretariat coming up near the iconic India Gate in New Delhi. "These murals to be installed at offices of the ministries will showcase India's rich cultural heritage," says the Chhatrapati Sambhajinagar-born sculptor, who has studios both in Chhatrapati Sambhajinagar and Mumbai. Deore's realistic, experimental works have earned appreciation from his peers and contemporaries. Vivek Lad, who was Deore's senior at J J School of Art and taught there before retiring a couple of years ago, calls Deore's works "monumental". "I have seen him work for years and he experiments with various mediums," says Lad. The Buddha statue that he created a few years ago, says Deore, is awaiting CM Devendra Fadnavis's attention. "Fadnavis should gift it to Delhi on behalf of Maharashtra," suggests Rajendra Jadhav of Borderless Babasaheb, which works to popularise Dr Babasaheb Ambedkar's ideas.
