The Supreme Court will deliver its judgment on Friday in a suo motu case examining if probe agencies can summon advocates for offering legal opinions or representing clients under investigation. The verdict follows concerns over the ED “crossing all limits” by calling lawyers for questioning.
New Delhi: The Supreme Court of India will announce its judgment on Friday in a suo motu case dealing with whether lawyers can be summoned by investigating agencies for giving legal opinions or representing their clients during criminal investigations.
The case was taken up by the top court after several incidents where lawyers were called in by probe agencies for simply performing their professional duties.
A bench led by Chief Justice of India (CJI) B. R. Gavai had reserved its verdict in the matter on August 12, after hearing extensive arguments from various legal bodies and senior advocates.
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During the hearing held on July 29, the Supreme Court made it clear that a lawyer who is only acting in a professional capacity should not be harassed or summoned by investigative agencies.
The bench stated that
“if a person was merely acting as a lawyer, then he should not be summoned by probe agencies for rendering legal opinion to a client who was under investigation.”
However, the court also clarified that protection does not extend to lawyers who are directly involved in criminal activities.
The bench noted that
“if a lawyer was assisting the client in the crime, then he could be summoned.”
Earlier, while hearing the case, the Supreme Court had expressed strong disapproval of the Enforcement Directorate (ED) for summoning lawyers merely for giving legal advice or appearing for their clients in money laundering cases.
The court remarked that the ED was “crossing all limits” and raised serious concern over the growing trend of targeting legal professionals for performing their duties.
The apex court also emphasized the need for proper rules to safeguard the independence of the legal profession and
“called for guidelines on the matter.”
This suo motu case was initiated after it came to light that the ED had issued summons to senior lawyers Arvind Datar and Pratap Venugopal. The move was widely criticized within the legal community, leading to outrage among advocates across the country.
Following the backlash, on June 20, the ED issued a circular to its investigating officers instructing them
“not to issue summons to any advocate in money laundering investigations being carried out against their clients.”
The agency said that an exception to this rule can only be made after ‘approval’ by the agency’s director.
In the same circular, the ED reminded its officers that the new Bhartiya Sakshya Adhiniyam (BSA), 2023, under Section 132, prohibits compelling an advocate to disclose any communication made between them and their client during the course of professional duty.
The ED circular stated that
“no summons” should be issued to any advocate in violation of Section 132 of the Bhartiya Sakshya Adhiniyam (BSA), 2023.”
The incident triggered strong reactions from top legal associations. Both the Supreme Court Bar Association (SCBA) and the Supreme Court Advocates-on-Record Association (SCAORA) condemned the ED’s actions, describing them as a “disturbing trend” that struck at the very foundations of the legal profession.
The two bar bodies jointly appealed to the Chief Justice of India to take suo motu cognisance of the issue to protect the sanctity and independence of the legal fraternity.
The judgment to be delivered by the Supreme Court on Friday is expected to set clear boundaries between legitimate investigation and the professional independence of advocates.
The verdict will likely become a landmark ruling defining the rights and responsibilities of lawyers when their clients are under probe by enforcement or investigative agencies.
Case Title: In Re: Summoning Advocates Who Give Legal Opinion or Represent Parties During Investigation of Cases and Related Issues
[SMW (Cal) 2/2025],
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