'Threatens Independence Of Legal Profession' : Supreme Court Bar Body Condemns ED Summons To Arvind Datar Over Legal Opinion

The Supreme Court Advocates on Record Association(SCAORA) has lodged its strong protest against the Enforcement Directorate (ED) for issuing a summons (which was subsequently withdrawn) to Senior Advocate Arvind P Datar in relation to a legal opinion given by him to a client.

The SCAORA, expressing its "strong disapproval and unequivocal condemnation" of the ED's action, said that it was highly unwarranted and threatened the independence of the legal profession.

Asserting that Datar was a highly respected Senior Advocate of unimpeachable integrity, the SCAORA said, "To summon a senior member of the Bar for discharging his professional responsibility is a misuse of authority and an affront to the sanctity of the advocate's role."

"This action by the ED is not only unwarranted but reflects a disturbing trend of investigative overreach that threatens the independence of legal profession and undermines the very foundation of the rule of law," the letter penned by SCAORA's Hony. Secretary Nikhil Jain said in the statement.

"When investigative agencies resort to coercive measures against advocates merely for giving legal opinions, they do not just target individuals- they strike at the institutional structure that ensures justice.

Undermining the professional independence of advocates ultimately threatens the judiciary's independence itself, as both stand or fall together," the SCAORA stated.

The Association pointed out that the Supreme Court has held in many cases that advocates are not liable for the alleged acts of their clients simply for rendering legal opinions.

"The ED's action conflates legal advice with criminal complicity, a proposition that is constitutionally untenable and legally unjustifiable. This move sends a chilling message to the legal community at large and threatens the foundational right of every citizen to receive independent legal counsel without fear or intimidation. If advocates can be subjected to coercive measures for providing legal advice, it would paralyse the functioning of the legal system and erode public confidence in the justice delivery mechanism," the Association added.

"Even though the said summon issued against Mr Datar has been withdrawn by the ED subsequently, SCAORA lodges its strong protest against the arbitrary exercise of executive power by the agencies, which is considered as an outreach over the independence of Bar and the Judiciary," it said.

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.