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to Care Health Insurance Ltd in a case involving former Religare Enterprises chairperson Rashmi Saluja, were eventually withdrawn after backlash.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.”