New Delhi, June 25 — The Supreme Court has taken suo motu cognizance of a controversial and potentially precedent-setting issue: can lawyers advising clients in criminal cases be summoned by investigating agencies? The apex court’s intervention came days after the Enforcement Directorate (ED) summoned prominent Senior Advocates Arvind Datar and Pratap Venugopal in connection with a high-profile investigation involving Religare Enterprises.
The matter triggered uproar across India’s legal community and forced the ED to withdraw the summons. In a strongly worded observation, the bench called the act a “direct threat to the administration of justice.”
A Threat to Legal Autonomy and Justice
A Bench led by Justices K.V. Viswanathan and N. Kotiswar Singh emphasized that allowing police or agencies to summon lawyers for merely advising their clients risks undermining the independence of the legal profession. Quoting the Court:
“Such actions seriously undermine the autonomy of the legal profession and would even constitute a direct threat to the independence of the administration of justice.”
The Court also pointed out that such practices are prima facie untenable and cannot be allowed without judicial oversight, especially when no active wrongdoing by the lawyer has been established.
High-Profile Case That Triggered the Action
The controversy stemmed from the ED’s summons in a probe involving Employee Stock Option Plan (ESOP) benefits extended by Care Health Insurance to Rashmi Saluja, Chairperson of Religare Enterprises. The legal opinions offered by Datar and Venugopal to CHIL were used as a basis for their summons.
After widespread backlash from Bar bodies and legal associations, the ED issued a circular directing its officers not to summon advocates without explicit justification under Section 132 of the Bharatiya Sakshya Adhiniyam, 2023.
Questions of Judicial Oversight
The court framed two key legal questions:
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Can agencies directly summon a lawyer solely involved in advising a client?
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If the lawyer has a broader role beyond advice, should there be judicial oversight before such a summon is issued?
To address these, the Court has sought opinions from top legal officials, including the Attorney General, Solicitor General, and leadership of the Bar Council of India, SC Bar Association, and Advocates-on-Record Association.
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Urgency and Interim Relief
Considering the issue’s broader implications for the legal system, the Court has placed the matter before the Chief Justice of India for further directions. Meanwhile, it granted interim relief to the Gujarat-based lawyer who was summoned, staying the High Court order and all further notices against him.
This development reflects growing friction between law enforcement and the legal fraternity and raises fundamental questions about constitutional safeguards in investigative processes.