Court initiates independent probe into authorities calling legal representatives of defendants
The Supreme Court of India has taken a significant step to protect the autonomy of lawyers and maintain the integrity of the legal system by initiating a suo motu case to investigate the practice of investigative agencies, including the Enforcement Directorate (ED), directly summoning lawyers for providing legal advice or representing clients in criminal investigations.
The move follows a controversy involving the ED's summons to senior advocates Arvind Datar and Pratap Venugopal, who were summoned for their roles in advising Care Health Insurance Limited regarding an employee stock ownership plan for Rashmi Saluja, former chairperson of Religare Enterprises. The value of the ESOPs in question is over ₹250 crore.
The ED's decision to summon the senior advocates sparked widespread criticism from legal associations, who described it as a threat to the independence of the legal profession. In response, the ED withdrew the summons and issued a circular requiring approval from the ED Director for any future summons to advocates under statutory exceptions.
The case, titled *In Re: Summoning Advocates who give Legal Opinion or Represent Parties During Investigation of Cases and Related Issues*, will be heard by a three-judge bench headed by Chief Justice of India BR Gavai, along with Justices K Vinod Chandran and NV Anjaria, on July 14, 2025.
The implications of this case are far-reaching. The court's intervention aims to protect the autonomy of lawyers and ensure that they can provide legal advice without fear of being summoned, which is crucial for maintaining the integrity of the legal system. The court's decision could set a precedent for how investigative agencies interact with lawyers in future cases, potentially affecting the dynamics between lawyers, clients, and investigative bodies.
Moreover, the case touches on fundamental rights, such as the right to legal counsel and the confidentiality of lawyer-client relationships, which are foundational to a fair justice system. The hearing of the matter is scheduled for July 14, where a Bench headed by Chief Justice of India BR Gavai and also comprising Justices K Vinod Chandran and NV Anjaria will preside over the case.
The upcoming court hearing, titled "*In Re: Summoning Advocates who give Legal Opinion or Represent Parties During Investigation of Cases and Related Issues*, will delve into the controversial practice of investigative agencies summoning lawyers, a matter that has stirred politics and garnered attention in the realm of policy-and-legislation. The outcome of this general-news case could have far-reaching implications, potentially reshaping the dynamics between lawyers, clients, and investigative bodies, and asserting the right to legal counsel and the confidentiality of lawyer-client relationships in the legal system.
