SC to hear case on summoning advocates by probe agencies
What's the story
The Supreme Court will hear a suo motu case on Monday, July 21, concerning the summoning of advocates by probe agencies. The bench, headed by Chief Justice BR Gavai and comprising Justices K Vinod Chandran and NV Anjaria, will take up the matter. The case is related to the issue that arose after senior lawyers Arvind Datar and Pratap Venugopal were summoned by the Enforcement Directorate (ED).
Policy change
ED's circular on advocates' summons
After the controversy over summoning advocates, 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. The agency said exceptions would only be made with prior approval from its director. This came after Datar and Venugopal were summoned for advising Care Health Insurance Limited on an employee stock ownership plan given to Rashmi Saluja, former chairperson of Religare Enterprises.
Professional backlash
Condemnation from Supreme Court Bar Association
The Supreme Court Bar Association and the Supreme Court Advocates-on-Record Association had condemned the ED's action, calling it a "disturbing trend." They urged Chief Justice of India to take suo motu cognizance of the issue. On June 25, a Supreme Court bench observed that allowing police or probe agencies to summon lawyers directly would undermine legal autonomy and threaten justice administration independence.
Legal inquiry
Questions framed by the Supreme Court bench
The Supreme Court bench had framed questions on whether investigating agencies could summon lawyers directly for advising clients. They asked if judicial oversight should be prescribed in exceptional cases where the lawyer's role is more than just legal advice. The issue came up while hearing a plea from a Gujarat-based advocate challenging a high court order summoning him before police in his client's case.
Legal intervention
HC's notice stayed
The Supreme Court stayed the operation of the high court's notice summoning the Gujarat-based advocate till further orders. The apex court directed its registry to place case files before Chief Justice Gavai for appropriate directions. This suo motu case will be heard on July 21 by a bench comprising Chief Justice BR Gavai and Justices K Vinod Chandran and NV Anjaria.