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Advocates body seeks CJI intervention after ED issues summons to senior lawyers
The Supreme Court Advocates-on-Record Association (SCAORA) on Friday raised concerns over the Enforcement Directorate (ED) summoning yet another senior legal professional — this time, senior advocate Pratap Venugopal, and urged Chief Justice of India (CJI) Bhushan R Gavai to take immediate suo motu cognisance of what the body described as a serious infringement on the independence of the legal profession and lawyer-client confidentiality.
Venugopal was the Advocate-on-Record (AoR) for a legal opinion rendered by senior counsel Arvind Datar that supported the allotment of the Employee Stock Option Plan (ESOP) by Care Health Insurance to former Religare Enterprises Chairperson Rashmi Saluja. While ED had earlier this month summoned Datar as well, that notice was subsequently withdrawn after protests from the legal fraternity.
In a letter dated June 20, SCAORA President Vipin Nair termed the ED's action 'a deeply disquieting development,' cautioning that such coercive measures strike at the heart of legal privilege and the fundamental tenets of the rule of law.
Venugopal, who was designated as a senior advocate earlier this year, received an ED summons on June 19 under Section 50 of the Prevention of Money Laundering Act (PMLA), 2002. The summons relates to the ongoing investigation into the ESOP matter.
In its letter, SCAORA asserted that such actions amount to an 'impermissible transgression' of the sacrosanct principle of lawyer-client privilege. It warned that if left unchecked, this trend could have a chilling effect on the entire legal community, discouraging lawyers from rendering candid legal advice and undermining the independence of the Bar.
'The role of an advocate in offering legal advice is both privileged and protected. Interference by investigative agencies, particularly in respect of opinions rendered in a professional capacity—strikes at the core of the rule of law,' the letter stated.
SCAORA urged the Supreme Court to intervene and examine the legality and propriety of issuing summonses to advocates for professional opinions, besides framing guidelines to prevent future incursions into lawyer-client confidentiality.
This is the second time in recent days that the Association has raised its voice against such summonses. On June 16, SCAORA issued a public statement condemning the ED's notice to Datar, terming it 'unwarranted' and indicative of a growing trend of investigative overreach.
On June 17, the Delhi High Court Bar Association also passed a resolution strongly criticising the ED's move, calling it a direct threat to the constitutional right to legal representation and fair trial.
The Gujarat High Court Advocates Association too convened an emergency meeting the same day, with its president Brijesh Trivedi denouncing the ED's actions as violative of legal independence. The body demanded immediate government action to protect attorney-client privilege through statutory amendments to the Indian Evidence Act, 1872 and the Bharatiya Sakshya Adhiniyam, 2023.
