'Misuse of Authority': SC Advocates-on-Record Association Condemns ED Summons to Senior Lawyer
The Wire Staff
New Delhi: The Supreme Court Advocates-on-Record Association (SCAORA) on Monday (July 16) slammed the Enforcement Directorate (ED) for issuing summons to senior advocate Arvind Datar in connection with legal advice that he gave to a firm in the course of his professional duties.
Condemning the move, the SCAORA said that the action by ED is not only unwarranted but reflects a disturbing trend of investigative overreach that threatens the independence of the legal profession and undermines the very foundation of the rule of law.
“Mr. Datar is a respected Senior Advocate of unimpeachable integrity, who has consistently upheld the highest standards of professional conduct and legal ethics. 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,” said the SCAORA in a statement.
The statement added that the independence of the judiciary and the independence of the Bar are twin pillars of constitutional democracy and the effective functioning of courts is impossible without fearless and independent advocates.
“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,” said the statement.
'Move sends a chilling message to the legal community at large'
It added that the Supreme Court has held that advocates are not liable for the alleged acts of their clients simply for rendering legal opinions and that the action against Datar conflates legal advice with criminal complicity, a proposition that is constitutionally untenable and legally unjustifiable.
Earlier, The Economic Times had reported that the ED had issued summons Datar over his legal advice to Care Health Insurance on the controversial Esops (employee stock ownership) issued to former Religare Enterprises chairperson Rashmi Saluja.
“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,” said the statement by the top bar body.
The statement added that while the summon issued against Datar was later withdrawn by the ED, the SCAORA has lodged strong protest against the act.
The SCAORA termed the incident as “the arbitrary exercise of executive power by the agencies, which is considered as an outreach over the independence of Bar and the Judiciary.”
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