ED withdraws summons to senior lawyer after SC Advocate-on-Record body writes to CJI

The Enforcement Directorate on Friday withdrew its summons to a senior lawyer for reportedly giving legal advice in a case after the Supreme Court Advocates on Record Association (SCAORA) wrote to the Chief Justice of India for taking note of the action.

The ED wrote to senior advocate Pratap Venugopal, intimating him that the summons issued to him were withdrawn with “immediate effect”.

SCAORA president Vipin Nair had earlier 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”.

The letter came after ED summoned senior counsel Pratap Venugopal.

“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.

Section 50 of the PMLA deals with “powers of authorities regarding summons, production of documents and to give evidence, etc”.

Venugopal, the letter said, was directed to appear before the ED on June 24.

“It would be imperative to mention that a similar notice was earlier issued by the ED to senior advocate Arvind Data, albeit withdrawn subsequently,” it added.

Venugopal was said to be a widely respected member of the legal fraternity with an “impeccable” sincerity and professional commitment.

“These actions, by the ED, we believe, amount to an impermissible transgression of the sacrosanct lawyer-client privilege, and pose a serious threat to the autonomy and fearless functioning of advocates.

Such unwarranted and coercive measures against senior members of the bar for discharge of professional duties set a dangerous precedent, potentially resulting in a chilling effect across the legal community,” the letter underscored.

The SCAORA said a lawyer’s role to offer legal advice was privileged and protected and the interference of investigative agencies into this relationship without just cause and contrary to established legal norms, struck at the heart of the rule of law.

Such interventions could dissuade advocates from rendering honest, independent opinions in the discharge of their duties, the bar body said.

The letter, as a result, urged the CJI to take suo motu cognisance of the matter and examine the issue of “the legality and propriety of such summons issued to legal professionals for opinions rendered in good faith”.

The other issues the CJI could examine were about safeguarding “the constitutional and professional protections afforded to advocates” and laying down “appropriate guidelines to prevent any further erosion of lawyer-client privilege and uphold the independence of the bar”, the letter added.

In a similar event, the ED issued summons to senior advocate Arvind Datar in the same case.

The SCAORA had on June 16 condemned ED notice to Datar.

The agency sources, however, said the summons to Datar weren’t withdrawn but he wasn’t issued any issued any fresh such notice.