CJI Takes Suo Moto Action Over ED Summons to Senior Advocates, Legal Community Expresses Alarm

In a significant step aimed at safeguarding the independence of the legal profession, Chief Justice of India B.R. Gavai has initiated #suoMotu proceedings against an emerging trend in which investigating agencies summon lawyers for the legal advice they offer to clients, particularly in high-profile cases related to #moneylaundering and other criminal offences.

The case will be taken up by a bench comprising the CJI and Justices K. Vinod Chandran and N.V. Anjaria on July 14.

This judicial move follows mounting criticism from across the legal fraternity, including widespread condemnation of the #EnforcementDirectorate’s decision to summon senior advocates such as Arvind Datar and Pratap Venugopal for legal opinions provided to their clients.

The controversial summonses, which concerned advice rendered to Care Health Insurance Ltd in a case involving former Religare Enterprises chairperson Rashmi Saluja, were eventually withdrawn after backlash.

The Bar Association of India (BAI), which includes Attorney-General R. Venkataramani as one of its patrons, had earlier described the ED’s actions as “dangerous and disturbing,” warning that such practices were an “egregious example of overreach.”

“The actions of the ED represent a direct and unacceptable infringement on the #independenceOfTheLegalProfession,” the BAI said. “Targeting advocates for offering professional legal opinions undermines the very sanctity of the legal profession and could have a chilling effect on lawyers nationwide.”

Adding to the chorus, the Supreme Court Advocates-on-Record Association (SCORA) expressed serious concern over what it called an “impermissible transgression” of the sacrosanct #lawyerClientPrivilege.

It warned that coercive tactics used against advocates for performing their professional duties could compromise the autonomy and fearless functioning of the Bar.

SCORA called on the top court to urgently issue guidelines that would prohibit such misuse of executive power and protect the dignity of the legal profession.

Similarly, the Supreme Court Bar Association (SCBA) labeled the ED’s actions as an attack on the “very foundations of the legal profession” and a blow to one of the cornerstones of #constitutionalDemocracy in India.

The SCBA emphasized that every individual has a fundamental right to legal representation, and hence, lawyers must not be penalized for simply performing their duties.

It also invoked Section 132(1) of the Bhartiya Sakshya Adhiniyam, 2023, which clearly states that advocates cannot be forced to reveal client communications made during professional service.

As the Supreme Court prepares to hear the matter, legal professionals across the country are hoping the court will step in to draw a clear line protecting the #ruleOfLaw, ensuring that the legal community can continue its work without fear of intimidation or overreach.