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New Indian Express
15 hours ago
- Politics
- New Indian Express
ED withdraws summons to senior lawyer
NEW DELHI: The Enforcement Directorate (ED) on Friday withdrew its summons issued against a senior advocate for reportedly giving legal advice in a case, after the Supreme Court Advocates on Record Association (SCAORA) wrote to the Chief Justice of India (CJI) for taking note of the coercive action. The agency wrote to senior advocate Pratap Venugopal, intimating him that the summons have been withdrawn with 'immediate effect'. SCAORA president Vipin Nair had written to CJI B R Gavai on the 'deeply disquieting development' having 'serious ramifications for the independence of the legal profession and the foundational principle of lawyer-client confidentiality'. '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. Venugopal told TNIE the probe agency's action was completely illegal, unconstitutional, unwarranted. 'It is sad and unfortunate. The action of issuing summons to advocates is an alarming practice besides being wholly contrary to the provisions of Sec 132 of the Bharatiya Sakshya Adhiniyam (BSA) 2023,' he said.
Time of India
17 hours ago
- Politics
- Time of India
SC lawyers' body asks ED to respect independence of Bar, exercise restraint
Representative Image Sections 132 and 134 of Bharatiya Sakshya Adhiniyam, 2023, protect lawyer-client communications from disclosure. The Enforcement Directorate message to Venugopal read, "Please refer to the trail mail in this regard. The summons for June 24 issued to you hereby stands withdrawn with immediate effect." By afternoon, the SC Bar Association's executive body, led by senior advocate Vikas Singh, condemned the ED summons to Datar and Venugopal. "Issuance of such illegal notices and summons to senior advocates and to the advocate-on-record reflect a disturbing trend, striking at the very foundations of the legal profession and undermining the independence of the bar, which is a core pillar of Indian democracy," it said, calling upon ED to respect independence of bar and exercise restraint. SCAORA requested 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 accorded to advocates; and lay down guidelines to prevent further erosion of professional protection to lawyer-client communications and uphold independence of bar". SCAORA said the unwarranted steps taken by ED against senior advocates for discharge of their professional duty set a "dangerous precedent" that could have a chilling effect on the entire legal fraternity and dissuade them from giving honest and independent legal opinions to clients. Bar Association of India, too, criticised ED and said, "Issuance of summons is also an egregious example of overreach by the agency and is an attempt to undermine attorney-client privilege protected under the provisions of BSA."
Hindustan Times
a day ago
- Politics
- Hindustan Times
Advocates body seeks CJI intervention after ED issues summons to senior lawyers
The Supreme Court Advocates-on-Record Association (SCAORA) on Friday raised concerns over the Enforcement Directorate (ED) summoning yet another senior legal professional — this time, senior advocate Pratap Venugopal, and urged Chief Justice of India (CJI) Bhushan R Gavai to take immediate suo motu cognisance of what the body described as a serious infringement on the independence of the legal profession and lawyer-client confidentiality. Venugopal was the Advocate-on-Record (AoR) for a legal opinion rendered by senior counsel Arvind Datar that supported the allotment of the Employee Stock Option Plan (ESOP) by Care Health Insurance to former Religare Enterprises Chairperson Rashmi Saluja. While ED had earlier this month summoned Datar as well, that notice was subsequently withdrawn after protests from the legal fraternity. In a letter dated June 20, SCAORA President Vipin Nair termed the ED's action 'a deeply disquieting development,' cautioning that such coercive measures strike at the heart of legal privilege and the fundamental tenets of the rule of law. Venugopal, who was designated as a senior advocate earlier this year, received an ED summons on June 19 under Section 50 of the Prevention of Money Laundering Act (PMLA), 2002. The summons relates to the ongoing investigation into the ESOP matter. In its letter, SCAORA asserted that such actions amount to an 'impermissible transgression' of the sacrosanct principle of lawyer-client privilege. It warned that if left unchecked, this trend could have a chilling effect on the entire legal community, discouraging lawyers from rendering candid legal advice and undermining the independence of the Bar. 'The role of an advocate in offering legal advice is both privileged and protected. Interference by investigative agencies, particularly in respect of opinions rendered in a professional capacity—strikes at the core of the rule of law,' the letter stated. SCAORA urged the Supreme Court to intervene and examine the legality and propriety of issuing summonses to advocates for professional opinions, besides framing guidelines to prevent future incursions into lawyer-client confidentiality. This is the second time in recent days that the Association has raised its voice against such summonses. On June 16, SCAORA issued a public statement condemning the ED's notice to Datar, terming it 'unwarranted' and indicative of a growing trend of investigative overreach. On June 17, the Delhi High Court Bar Association also passed a resolution strongly criticising the ED's move, calling it a direct threat to the constitutional right to legal representation and fair trial. The Gujarat High Court Advocates Association too convened an emergency meeting the same day, with its president Brijesh Trivedi denouncing the ED's actions as violative of legal independence. The body demanded immediate government action to protect attorney-client privilege through statutory amendments to the Indian Evidence Act, 1872 and the Bharatiya Sakshya Adhiniyam, 2023.
Time of India
5 days ago
- Politics
- Time of India
Supreme Court lawyer body slams ED notice to senior advocate
Representative image (ANI) NEW DELHI: The Supreme Court Advocates on Record Association (SCAORA) on Monday condemned ED's notice to senior advocate Arvind Datar for his legal opinion on allotment of employee stock option plan (ESOPs) granted to Rashmi Saluja, ex-chairperson of Religare Enterprises by Care Health Insurance, which is being probed by the agency. Datar had objected to the summons, saying a legal professional's opinion in connection with a case could not be the subject matter of probe. ED subsequently withdrew the summons. Despite its withdrawal, SCAORA, through president Vipin Nair and general secretary Nikhil Jain, issued a statement on ED's unwarranted action. tnn Probing lawyers for legal opinion undermines rule of law: SCAORA Despite withdrawal of summons, SC Advocates on Record Association (SCAORA) through chief Vipin Nair and general secretary Nikhil Jain issued a statement on ED's unwarranted action, saying it "reflects a disturbing trend of investigative overreach that threatens the independence of legal profession & undermine the very foundation of the rule of law". "To summon a senior member of the Bar for discharging his professional responsibility is a misuse of authority and an affront to sanctity of role of advocates. When agencies resort to coercive measures against advocates merely for giving legal opinions, they don't just target individuals, they strike at the institutional structure that ensures justice," SCAORA 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. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 오스템 임플란트 받아가세요 임플란터 더 알아보기 Undo ED had earlier sent a questionnaire to Arvind Datar and former IRDAI chairman J Hari Narayan, asking them whether they knew before giving legal opinion that IRDAI, the insurance regulator, had already rejected the offer of ESOPs to Saluja, who is under investigation for alleged financial irregularities related to Religare. Sources said Saluja was facing a criminal probe for alleged irregularities in Religare and its subsidiary Care Health Insurance. IRDAI has not only cancelled ESOPs granted to her but imposed a penalty of Rs 1 crore for allotment of ESOPs despite IRDAI's disapproval. Saluja has already exercised Rs 40 crore worth of ESOPs before it was cancelled by IRDAI. Datar told ED he could not respond to queries without approval of the client (Religare). However, Religare said it had no objection to ED asking Datar to explain the circumstances.
Time of India
5 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
