No summons for advocates in breach of client privilege: ED
New Delhi, June 21 -- The Enforcement Directorate (ED) on Friday withdrew its summons to senior advocate Pratap Venugopal, hours after the Supreme Court Advocates-on-Record Association (SCAORA) urged Chief Justice of India (CJI) Bhushan R Gavai to take suo motu cognisance of the agency's move, calling it a grave infringement on the independence of the legal profession and the sanctity of lawyer-client privilege.
Venugopal, summoned on June 19 to appear before the ED on June 24 under Section 50 of the Prevention of Money Laundering Act (PMLA), 2002, received a text message from the agency on Friday afternoon informing him that the notice "stands withdrawn with immediate effect."
The summons pertained to the ongoing investigation into the allotment of Employee Stock Option Plans (ESOPs) by Care Health Insurance to former Religare Enterprises Chairperson Rashmi Saluja. Venugopal was the Advocate-on-Record (AoR) for a legal opinion rendered by senior counsel Arvind Datar in the matter. ED had earlier summoned Datar as well, but that notice too was rescinded following backlash from the legal fraternity.
In a letter dated June 20, SCAORA President Vipin Nair described the summons to Venugopal as "a deeply disquieting development," and warned that coercive measures against lawyers for professional legal opinions strike at the heart of legal privilege and the fundamental tenets of the rule of law.
SCAORA asserted that such actions represent an "impermissible transgression" into the constitutionally protected sphere of legal advice. The Supreme Court Bar Association, too, issued a statement: "The issuance of such illegal notices and summons to the senior advocates and to the advocate-on-record reflect a disturbing trend, striking at the very foundations of the legal profession and undermining the independence of the Bar."...
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