ED crossing all limits by summoning lawyers for legal advice, says Supreme Court
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New Delhi: The Supreme Court on Monday strongly criticised the Enforcement Directorate (ED) for summoning lawyers who had merely offered legal advice or represented clients during investigations, warning that such actions threatened the independence of the legal profession.
“They are crossing all limits,” remarked Chief Justice of India D Y Chandrachud, heading a bench that included Justice K Vinod Chandran and B R Gavai. The bench was hearing a suo motu matter concerning the ED’s recent notices to senior advocates, Arvind Datar and Pratap Venugopal.
The court stressed that communications between lawyers and clients are privileged and protected by law. “How can the notices be issued against them? Guidelines must be framed,” said the Chief Justice, responding to concerns that such practices could have a chilling effect on the legal profession.
Attorney General R Venkataramani and Solicitor General Tushar Mehta acknowledged the issue, with Mehta confirming that the matter had been escalated to the highest levels of government. He assured the court that the ED had been instructed not to summon lawyers for offering legal advice.
“Lawyers cannot be summoned for rendering legal opinions,” said Mehta, although he also cautioned against being influenced by media narratives, suggesting that some political elements were attempting to malign institutions.
The court observed that even district court lawyers were facing harassment and warned of the dangerous precedent such actions could set. " If this continues, it will deter lawyers from offering honest and independent advice," one of the advocates told the court.
While agreeing that the actions of the agency were problematic, the solicitor general also argued against politicising the issue. " There is a concerted effort to target institutions. Please don’t go by interviews and news," he said.
“We don’t watch the news, haven’t seen YouTube interviews. Only last week I managed to watch a few movies,” quipped the CJI in response.
The court has directed all parties, including the Supreme Court Bar Association (SCBA), represented by its president and senior advocate Vikas Singh, to file comprehensive notes on the issue. The matter will be taken up again on 29 July.
“Ultimately, we are all lawyers,” the CJI noted, urging that courtroom arguments not be seen through an adversarial lens.
The controversy stems from summons issued by the ED to lawyers representing clients in money laundering cases, which drew strong condemnation from the SCBA and the Supreme Court Advocates-on-Record Association. Both bar bodies termed the move a “disturbing trend” that undermines the legal profession.
In response to the backlash, the ED had issued an internal directive on 20 June stating that its officers must not summon advocates in connection with client cases, except under exceptional circumstances and with prior approval from the agency’s director.
The circular referenced Section 132 of the Bhartiya Sakshya Adhiniyam, 2023, which protects privileged communication between lawyers and clients.
Earlier, on 25 June, a separate Supreme Court bench had also raised concern, stating that allowing investigating agencies to summon lawyers for advising clients would seriously compromise the autonomy of the legal profession and threaten the independence of justice delivery.
The directive was issued while the Supreme Court was hearing a petition filed by an advocate from Gujarat, contesting a high court order dated June 12.
