Supreme Court of India (Credit - X)
The Supreme Court has taken suo motu cognisance to observe the issue of probing agencies and police summoning lawyers who render legal advice or represent the accused in criminal cases. The move taken by the apex court could significantly strengthen legal privilege protections.
The latest development came to the apex court’s radar after the Enforcement Directorate (ED) issued summons to Senior Advocates Arvind Datar and Pratap Venugopal.
The summons was issued in the course of the ED’s investigation into the grant of over 22.7 million Employee Stock Option Plans (ESOPs), valued at more than ₹250 crore, by Care Health Insurance to former Religare Enterprises chairperson Rashmi Saluja, Bar and Bench reported. The ED later withdrew the summons following widespread criticism from bar associations across the nation.
A case has been registered as “In re: Summoning advocates who give legal opinion or represent parties during investigation of cases and related issues.” A bench headed by Chief Justice Bhushan R Gavai and Justices K Vinod Chandran and NV Anjaria will hear the matter on July 14.
The development came following observations by another Supreme Court bench last month that summoning lawyers for advising clients could “shatter the core of legal independence” and constituted “serious interference with the administration of justice.”
The court observed during the June 25 hearing, “This is not just about one lawyer. It is about protecting the spine of the legal system.”
As per reports, in response to the backlash, the ED also issued a circular directing all field offices not to issue summons to advocates in violation of Section 132.
“Lawyers must be able to advise and represent clients without fear of being summoned or harassed,” the court observed.
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