'Deeply disquieting,' Bar bodies condemn ED summons against senior advocate for legal opinion

New Delhi: SC Bar Association, Bar Association of India and SC Advocate on Record Association expressed their anguish, concern and condemnation against the Enforcement Directorate's decision to issue summons against senior advocate Pratap Venugopal for his legal opinion.

SCAORA president Vipin Nair urged Chief Justice of India B R Gavai to take a suo motu cognisance of the matter, by terming the ED's move as a deeply disquieting development, with serious ramifications for the independence of the legal profession and the foundational principle of lawyer-client confidentiality.

In a resolution, SCBA said issuance of such legal notices and summons reflected a disturbing trend, striking at the very foundation of the legal profession and undermining the independence of the Bar. "Even otherwise, advocates cannot be summoned for rendering professional advice in terms of Section 132 of the Bhartiya Sakshya Adhiniyam, which deals with professional privilege," SCBA's honorary secretary Pragya Baghel said.

Bar Association of India President Prashant Kumar also expressed grave concern over summons against senior advocates Arvind Datar and Pratap Venugopal, which were subsequently withdrawn.

The summons were a direct and unacceptable infringement upon the independence of the legal profession, his statement said.

Venugopal has received on June 19, 2025, a summons dated June 18, 25 by the Enforcement Directorate under Section 50 of the Prevention of Money Laundering Act, 2002 in its investigation into the Employee Stock Option Plan (ESOP) granted by M/s Care Health Insurance Ltd for a purported legal opinion rendered by Arvind Datar, senior advocate, wherein Venugopal, was the Advocate-on-Record, supporting the grant of Stock Options to former Religare Enterprises Chairperson, Rashmi Saluja.

Venugopal was directed to appear before the officer on June 24, 2025.

SCAORA chief Nair, in his letter to the CJI, said, "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. 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."

Nair emphasised 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.

He asked the CJI to examine the legality and propriety of such summons issued to legal professionals for opinions rendered in good faith, safeguard the constitutional and professional protections afforded to advocates and lay down appropriate guidelines to prevent any further erosion of lawyer-client privilege and uphold the independence of the Bar.