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Deccan Herald
5 hours ago
- Business
- Deccan Herald
SC lawyers controversy: ED directs investigators to not summon advocates in case against clients
The statement from the federal probe agency came in the wake of the lawyer-client privilege linked controversy that erupted after the ED issued back-to-back summons to senior Supreme Court lawyers Arvind Datar and Pratap Venugopal for giving legal advice to Care Health Insurance Limited (CHIL) on the employee stock ownership plan (ESOP) given to Rashmi Saluja, former chairperson of Religare Enterprises.
Hindustan Times
9 hours ago
- Politics
- Hindustan Times
Officers told to get director's approval before sending summons to lawyers: ED
NEW DELHI: The Enforcement Directorate (ED) on Friday said it has directed its investigating officers not to issue summons to any advocate in violation of the protection extended to advocate-client privileges under Section 132 of the Bhartiya Sakshya Adhiniyam (BNS) and stipulated that summons could only be issued to lawyers under the exceptions provided in the law after the director's approval. Enforcement Directorate (FILE IMAGE) The circular to the federal agency's field formations came hours after ED withdrew the summons issued to two senior lawyers, Arvind Datar and Pratap Venugopal, after the Supreme Court Advocates on Record Association (SCAORA) asked Chief Justice of India Bhushan R Gavai to take up the case. Section 132 of BNS protects the advocate-client privilege and bars lawyers from disclosing communications between them and their clients. However, the section provides for three exceptions when this protection from disclosure shall not apply. In a statement, ED said Friday's circular was issued for guidance of field formations on Section 132 of BNS. 'Further if any summons needs to be issued under the exceptions carved out in proviso to Section 132 of the BSA, 2023, the same shall be issued only with the prior approval of the Director, ED,' the agency statement said. The agency also clarified that the summons were issued to Venugopal in his capacity as independent director of Care Health Insurance Ltd (CHIL), and not as a lawyer. 'In view of the fact that Pratap Venugopal is a Senior Advocate in the Supreme Court, the summons issued to him has been withdrawn and same has been communicated to him,' ED said. 'In the said communication, it has also been stated that if any documents will be required from him in his capacity as an independent director of CHIL, the same will be requested from him to be submitted by email,' the agency said. The financial crimes probe agency is looking into money laundering allegations in connection with a case in which shares of Care Health Insurance Ltd (CHIL) were issued at a much lower price in the form of ESOPs on May 1, 2022, despite the rejection of the same by Insurance Regulatory and Development Authority of India (IRDAI).
Time of India
4 days ago
- Politics
- Time of India
Supreme Court Advocates Association takes issue with ED summons to counsel Arvind Datar over Care Health Insurance advice
The Supreme Court Advocates-on-Record Association (SCAORA) has condemned the Enforcement Directorate 's summons to senior counsel Arvind Datar , who advised Care Health Insurance . In a statement on Monday, the association said: "When investigative agencies resort to coercive measures against advocates merely for giving legal opinions, they do not just target individuals, they strike at the institutional structure that ensures justice." Last week, ET reported that Datar was called by the ED over his legal opinion concerning Esops (employee stock options) allocated to former Care Health Insurance chairperson Rashmi Saluja . Sources told ET that ED has communicated to Datar that his presence was not required as of now in the case and he will communicated later if required. "Section 50 of the PMLA (Prevention of Money Laundering Act) empowers the agency to summon a person in a case. It doesn't bar an advocate. While the client-advocate fiduciary relationship is something that probe agencies don't get into but if there is something that they require a clarification on or if the statement could help them understand something, they could be asked to join the probe. The summoning here is in the capacity of a witness," explained a senior advocate. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 경기도 거주자 전용: 무료 영웅 캐릭터를 받으세요! 레이드 섀도우 레전드 Undo Attempts to reach Datar for comment went unanswered by press time. "This action by the ED is not only unwarranted but reflects a disturbing trend of investigative overreach that threatens the independence of the legal profession and undermines the very foundation of the rule of law," the association said. SCAORA emphasised that summoning a senior lawyer for discharging his professional responsibility is a misuse of power and an affront to the sanctity of the advocate's role. The Supreme Court has repeatedly stated that advocates are not responsible for their clients' actions when they simply give legal advice. Live Events
Hindustan Times
5 days ago
- Politics
- Hindustan Times
Top bar body slams ED's 'chilling message to legal community' to senior advocate
The Supreme Court Advocates-on-Record Association on Monday castigated the Enforcement Directorate (ED) summoning senior advocate Arvind Datar after he gave legal advice to a firm. The notice, which was subsequently withdrawn by the ED, was issued to Datar after he reportedly gave legal advice to Care Health Insurance on the ESOP (employee stock ownership) issued to former Religare Enterprises Chairperson Rashmi Saluja. The SCAORA said such a notice was a "chilling message to the legal community at large and threatens the foundational right of every citizen to receive independent legal counsel without fear or intimidation". Advocate and president SCAORA Vipin Nair said the ED action was not only unwarranted but also reflected a disturbing trend of investigative overreach that threatened the independence of the legal profession and undermined the very foundation of the rule of law. "Datar is a respected Senior Advocate of unimpeachable integrity, who has consistently upheld the highest standards of professional conduct and legal ethics,' said SCAORA secretary Nikhil Jain in the statement. Summoning a senior member of the Bar for discharging his professional responsibility, he said, was a misuse of authority and an affront to the sanctity of the advocate's role. 'The independence of the judiciary and the independence of the Bar are twin pillars of our constitutional democracy. The effective functioning of courts is impossible without fearless and independent advocates. When investigative agencies resort to coercive measures against advocates merely for giving legal opinions, they do not just target individuals, they strike at the institutional structure that ensures justice," the statement added. The SCAORA further said undermining the professional independence of advocates ultimately threatened judiciary's independence. It also pointed to several judgments shielding advocates from the purported actions of their clients for merely giving legal opinions. 'The ED's action conflates legal advice with criminal complicity, a proposition that is constitutionally untenable and legally unjustifiable,' it said. If advocates can be subjected to coercive measures for providing legal advice, it would paralyse the functioning of the legal system and erode public confidence in the justice delivery mechanism, it added. Though the summon was withdrawn by the ED, the SCAORA lodged its "strong protest" against the "arbitrary exercise of executive power".
Hans India
29-04-2025
- Politics
- Hans India
Indian constitution has withstood the test of time
Hyderabad / Chennai: Eminent jurists and legal scholars converged in Chennai on Monday on the need for cooperative federalism in a three dimensional manner that underscores the role of centre, state and rural panchayat & municipalities to discharge public duties within the constitutional framework. Speaking at 'Lawgical Connect', a panel discussion on 'Concurrent List Constitutionalism' organised by Sastra Deemed University Law School at Chennai, senior advocates C S Vaidyanathan, Arvind Datar and legal scholars Prof Arghya Sengupta and Amrith Bhargav were unanimous over the strong and robust constitutional framework that post-independent India adopted. C S Vaidyanathan in his remarks observed the turbulence in the neighbourhood countries and explained how India's constitution has stood the test of time. He also spoke on the need to rationalise cess & surcharge utilisation to enrich the social infrastructure with more involvement of the panchayats & municipalities. He added that states can make new civil & criminal laws for better justice administration and such new laws will receive natural assent. Prof Arghya Sengupta echoed similar views, suggesting a three-tier system for strengthening the centre-state-rural governance model. Arvind Datar compared the constitution as a joint family with the union government as the 'kartha', the State Governments as co-parceners and underscored the importance of a united family under the constitutional canvas in the light of the recent act of terrorism at Kashmir.
