SC lawyers' body asks ED to respect independence of Bar, exercise restraint

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 The summons for June 24 issued to you hereby stands withdrawn with immediate effect."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."