‘Crossing all limits…’: SC slams ED for summoning lawyers to give legal advice

The Supreme Court on Monday slammed the Enforcement Directorate for summoning advocates to give legal advice and for representing clients during investigations, saying that the agency was crossing all limits. The SC also called for guidelines on the matter.

A bench of Chief Justice BR Gavai and Justice K Vinod Chandran was hearing a suo motu case to address the implications of such actions on the independence of the legal profession, news agency PTI reported.

This comes in the wake of the ED summoning senior lawyers Arvind Datar and Pratap Venugopal.

“Even if it is wrong, the communication between a lawyer and the clients is privileged communication. How can notices be issued against them? There should be some guidelines,” the CJI said. “They (ED) are crossing all limits,” he added.

While responding to submissions that recent ED notices to legal professionals like senior advocate Datar could have a chilling effect on law practice, the CJI said, “Guidelines should be framed."

Venkataramani early on in the hearing said he had a word with the ED officials and the summons to lawyers were wrong, PTI reported.

“Lawyers cannot be summoned for rendering legal opinions,” Mehta agreed with Venkataramani. Mehta, however, said there were attempts to malign institutions by creating false narratives.

“My lords may set it down once and for all, because the European Commission on Human Rights also has something to say. In Turkey, the entire bar association was disbanded. China also has a similar issue,” he added.

Advocates stressed that summoning lawyers, especially for giving legal opinions, was setting a dangerous precedent.

"Otherwise it will have a chilling effect on the whole justice delivery system. Lawyers will not be able to freely advise my lords," a lawyer said.

One lawyer said, “If this continues, it will deter lawyers from offering honest and independent advice.”

(With inputs from PTI)