SC Slams ED for Summoning Lawyers Over Legal Advice Says ‘Crossing All Limits’
21 July 2025 3:52 PM IST21 July 2025 3:52 PM IST
A bench of Chief Justice B R 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.
Supreme Court (DC File Photo)
The Supreme Court on Monday expressed serious concern over the Enforcement Directorate’s practice of summoning advocates for offering legal advice or representing clients during investigations, warning that such actions threaten the independence of the legal profession. Hearing a suo motu matter prompted by ED notices to senior lawyers Arvind Datar and Pratap Venugopal, and bar bodies’ pleas to the Chief Justice, the two‑judge bench of Chief Justice B.R. Gavai and Justice K. Vinod Chandran called for clear guidelines.
“Even if it is wrong, communication between a lawyer and client is privileged,” the CJI remarked. “How can notices be issued against them? They are crossing all limits. Guidelines should be framed.” The bench directed the Supreme Court Bar Association and other parties to file comprehensive notes and allowed interventions. The matter will resume on July 29.
Attorney General R. Venkataramani and Solicitor General Tushar Mehta confirmed that the probe agency has been instructed not to summon lawyers for rendering legal opinions. “Lawyers cannot be summoned for giving legal advice,” both concurred, while cautioning against maligning institutions through false narratives.
SCBA president Vikas Singh warned that India must not follow examples like Turkey, where the entire bar was disbanded, or China, where similar crackdowns occurred. He stressed that summoning lawyers for opinions sets a dangerous precedent and could chill the entire justice delivery system.
The CJI underscored that courtroom arguments should not be politicised and noted that the court does not rely on media or social‑media narratives when delivering judgments. Justice Chandran agreed, emphasising that judges base decisions on facts, not external narratives.
Attorney General R. Venkataramani and Solicitor General Tushar Mehta confirmed that the probe agency has been instructed not to summon lawyers for rendering legal opinions. “Lawyers cannot be summoned for giving legal advice,” both concurred, while cautioning against maligning institutions through false narratives.
SCBA president Vikas Singh warned that India must not follow examples like Turkey, where the entire bar was disbanded, or China, where similar crackdowns occurred. He stressed that summoning lawyers for opinions sets a dangerous precedent and could chill the entire justice delivery system.
The CJI underscored that courtroom arguments should not be politicised and noted that the court does not rely on media or social‑media narratives when delivering judgments. Justice Chandran agreed, emphasising that judges base decisions on facts, not external narratives.
( Source : Deccan Chronicle )
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