New Delhi, June 20 The Supreme Court Advocates-on-Record Association (SCAORA) on Friday urged Chief Justice of India (CJI) B.R. Gavai to take suo motu cognizance of the summons issued to a senior advocate by the Enforcement Directorate (ED) over a legal opinion rendered to a client.
In a letter addressed to CJI Gavai, SCAORA President Vipin Nair said that given the gravity of the issue and its wide ramifications for the integrity of the legal system, the apex court should consider taking urgent suo motu cognizance of the matter.
On Thursday, senior advocate Pratap Venugopal received a summons by the ED under the Prevention of Money Laundering Act, 2002, in connection with an investigation into the Employee Stock Option Plan (ESOP) granted by M/s Care Health Insurance Ltd. to the former chairperson of Religare Enterprises.
“These actions, by the ED, we believe, amount to an impermissible transgression of the sacrosanct lawyer-client privilege, and pose a serious threat to the autonomy and fearless functioning of advocates,” the letter said.
It added that such unwarranted and coercive measures against senior members of the Bar for discharge of professional duties set a dangerous precedent, potentially resulting in a chilling effect across the legal community.
“The role of an advocate, in offering legal advice, is both privileged and protected. Interference by investigative agencies into this relationship, without just cause and contrary to established legal norms, strikes at the heart of the rule of law and could dissuade advocates from rendering honest, independent opinions in the discharge of their duties,” further stated the letter.
The bar body urged the Supreme Court to examine the legality and propriety of such summons issued to legal professionals for opinions rendered in good faith. It requested the top court to safeguard the constitutional and professional protections afforded to advocates and lay down appropriate guidelines to prevent any further erosion of the lawyer-client privilege.
“We, as officers of the Court, are confident that the Hon'ble Supreme Court will act decisively to protect the independence of the bar, the dignity of the legal profession and prevent any misuse of executive power that undermines its independence,” the lawyers' association said.
A similar notice was earlier issued by the ED to senior advocate Arvind Datar but was subsequently withdrawn by the federal anti-money laundering agency.
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