'ED crossing all limits': SC on agency summoning lawyers
What's the story
The Supreme Court has expressed serious concern over the Enforcement Directorate (ED) summoning advocates for giving legal advice or representing clients during investigations. The court said that the ED is "crossing all limits" in its actions. Chief Justice B R Gavai and Justice K Vinod Chandran made these remarks during a suo motu hearing on the implications of such actions on legal independence.
Legal communication
How can notices be issued against them: CJI
The court's remarks also come in the wake of the ED summoning senior advocates Arvind Datar and Pratap Venugopal for their legal advice. Chief Justice Gavai said, "The communication between a lawyer and the clients is privileged communication, and how can the notices be issued against them... they are crossing all limits." He suggested that guidelines should be framed to protect this privilege.
Legal protection
Solicitor General agrees with court's concerns
Solicitor General Tushar Mehta agreed with the chief justice's concerns and said lawyers can't be summoned for giving legal opinions. However, he cautioned against forming opinions based on false narratives, saying there is a concerted effort to target institutions. "There is a concerted effort to target institutions. Please don't go by interviews and news," the law officer said. The chief justice then humorously remarked that he doesn't watch news or YouTube interviews, having been indisposed last week.
Bar association
Bar bodies urged CJI to take cognizance of issue
The Supreme Court Bar Association (SCBA) and the Supreme Court Advocates-on-Record Association had earlier condemned the ED's summons to the two advocates. They called it a "disturbing trend" that undermines the legal profession's foundations. The bar bodies had urged Chief Justice Gavai to take suo motu cognizance of this issue. Following backlash, the ED issued a circular, stating that "no summons" should be issued to any advocate under Section 132 of the Bhartiya Sakshya Adhiniyam (BSA), 2023.
Upcoming hearing
Matter listed for July 29
"Further, if any summons needs to be issued...the same shall be issued only with the prior approval of the director, ED," the agency said. The summons to Venugopal pertained to the ongoing investigation into the allotment of Employee Stock Option Plans (ESOPs) by Care Health Insurance to former Religare Enterprises Chairperson Rashmi Saluja. The matter is now listed for further hearing on July 29.