Legal Fraternity Alarmed: ED Summons to Senior Advocate Sparks Outcry, CJI Urged to Intervene
(Syed Ali Taher Abedi)
New Delhi- The Supreme Court Advocates-on-Record Association (SCAORA) has written to the Chief Justice of India (CJI), urging him to take Suo motu cognizance of the Enforcement Directorate’s (ED) summons issued to Senior Advocate Pratap Venugopal. The summons pertained to legal advice Venugopal had rendered to Care Health Insurance regarding Employee Stock Ownership Plans (ESOPs) granted to former Religare Enterprises Chairperson, Dr. Rashmi Saluja.
The ED had earlier issued a similar summons to Senior Advocate Arvind Datar, which was later withdrawn. At the time the legal opinion was sought from Datar, Venugopal was the Advocate-on-Record supporting the ESOP grant. Since being designated a Senior Advocate in January 2024, Venugopal was directed to appear before the ED on June 24, a date revised from the earlier June 27.
SCAORA, in a strongly worded letter signed by its President Vipin Nair, expressed grave concern over the implications of such actions. The letter emphasized that summoning legal professionals for advice rendered in good faith undermines the foundational principle of lawyer-client privilege and threatens the independence of the legal profession.
The association called for:
- A judicial review of the legality and propriety of such summons.
- Safeguards to uphold constitutional and professional protections afforded to advocates.
- Clear guidelines to prevent further erosion of legal privilege and to preserve the autonomy of the Bar.
These actions amount to an impermissible transgression of sacrosanct lawyer-client privilege, the letter stated, warning that such coercive measures could have a chilling effect on the legal community and discourage advocates from offering honest legal opinions.
SCAORA concluded that interference by investigative agencies in the professional duties of advocates strikes at the heart of the rule of law and must be addressed decisively.
