Gujarat HC Advocates Association Condemns ED Summons To Arvind Datar, Requests CJI To Take Up Issue To Protect Lawyers' Independence

The Gujarat High Court Advocates' Association (GHAA) in its Extra Ordinary General Body Meeting held on 17^th June in the Bar Room has unanimously passed a resolution “strongly condemning” the Enforcement Directorate's move issuing summons to Senior Advocate Arvind P. Datar over his legal advice to Care Health Insurance on the ESOP (Employee Stock Ownership) assigned to former Care Health Insurance Chairperson Rashmi Saluja.

Although, the summons has now been withdrawn, the Association emphasized that such actions undermine the independence of the legal profession and violate the rights of the advocates and urged the Government of India to frame appropriate rules in the line of Bhartiya Sakhya Adhinyam (BSA), 2023, formerly The Evidence Act, 1872, to not summon the advocates in connection with their professional conversation with their clients whether oral or written.

The Association then requested the Chief Justice of India to take up on the issue regarding the protection of professional independence of Advocates and frame guidelines.

Earlier, the Supreme Court Advocates on Record Association as well as the Madras Bar Association and the Delhi High Court Bar Association had condemned the ED summons to Datar.

Last week, the Economic Times reported that the ED issued summons to Datar over his legal advice to Care Health Insurance on the ESOP(employee stock ownership) issued to former Religare Enterprises chairperson Rashmi Saluja. Later, the summons was reportedly withdrawn.

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