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.
The Enforcement Directorate (ED) has issued a new rule prohibiting summons to advocates without the Director’s approval, emphasizing lawyer-client confidentiality protections. This decision follows backlash over potential violations during an investigation into CHIL’s allegedly improper issuance of Employee Stock Ownership Plans (ESOPs), which had faced prior rejection by regulatory authorities.
The SCBA and SCAORA condemn the Enforcement Directorate’s summons to senior advocates Arvind Datar and Pratap Venugopal for providing legal advice, labeling it an attack on lawyer-client privilege and the independence of the legal profession. They urge the Chief Justice of India to safeguard advocates’ rights and uphold constitutional protections.
