New Delhi, Jun 20: The Supreme Court Advocates on Record Association (SCAORA) on Friday wrote to Chief Justice of India B R Gavai for taking note of the ED summons to a senior advocate for reportedly giving legal advice.
Sources from the Enforcement Directorate (ED), however, said the agency was in the process of withdrawing the summons issued to Venugopal.
Earlier, SCAORA president Vipin Nair wrote to the CJI on the “deeply disquieting development” having “serious ramifications for the independence of the legal profession and the foundational principle of lawyer-client confidentiality”.
The letter came after ED summoned senior counsel Pratap Venugopal.
“It has come to our notice that senior advocate Pratap Venugopal, has received on June 19, a summons dated June 18, by ED under Section 50 of the Prevention of Money Laundering Act (PMLA) 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 senior advocate Arvind Datar, wherein Pratap Venugopal, was the advocate-on-record, supporting the grant of stock options to former Religare enterprises chairperson Rashmi Saluja,” the letter said.
Section 50 of the PMLA deals with “powers of authorities regarding summons, production of documents and to give evidence, etc.” Venugopal, the letter said, was directed to appear before the ED on June 24.
“It would be imperative to mention that a similar notice was earlier issued by the ED to senior advocate Arvind Data, albeit withdrawn subsequently,” it added.
Venugopal was said to be a widely respected member of the legal fraternity with an “impeccable” sincerity and professional commitment.
“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,” the letter underscored.
The SCAORA said a lawyer’s role to offer legal advice was privileged and protected and the interference of investigative agencies into this relationship without just cause and contrary to established legal norms, struck at the heart of the rule of law.
Such interventions could dissuade advocates from rendering honest, independent opinions in the discharge of their duties, the bar body said.
The letter, as a result, urged the CJI to take suo motu cognisance of the matter and examine the issue of “the legality and propriety of such summons issued to legal professionals for opinions rendered in good faith”.
The other issues the CJI could examine were about safeguarding “the constitutional and professional protections afforded to advocates” and laying down “appropriate guidelines to prevent any further erosion of lawyer-client privilege and uphold the independence of the bar”, the letter added.
On June 16, the SCAORA condemned ED summons to senior advocate Arvind Datar which was subsequently withdrawn. (Agencies)
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