SC Bar Association Slams ED’s ‘Unwarranted’ Summons To Senior Advocate Over Legal Opinion

Supreme Court Advocates-on-Record Association

The Supreme Court Advocates-on-Record Association (SCAORA) has come out strongly against the Enforcement Directorate for issuing a summons to Senior Advocate Arvind Datar over a legal opinion he provided to a client.

In a sharply worded statement released on June 16, SCAORA called the ED’s action “unwarranted” and cautioned that it could have dangerous implications for the independence of the legal profession.

“Mr. Datar is a respected Senior Advocate of unimpeachable integrity, who has consistently upheld the highest standards of professional conduct and legal ethics,” read the statement, signed by SCAORA’s Honorary Secretary Nikhil Jain.

Summons Withdrawn, But Alarm Raised

Although the ED has since withdrawn the summons, the move has stirred deep concern within the legal community. SCAORA termed the development an instance of “investigative overreach,” warning that such actions may have a chilling effect on lawyers and the fundamental right to legal representation.

“Targeting advocates for opinions given in their professional capacity sets a dangerous precedent,” the association said, stressing that it undermines the client’s constitutional right to seek legal counsel without fear or intimidation.

SCAORA underscored that Datar was merely discharging his duties as legal counsel and that providing a legal opinion cannot and should not be equated with criminal complicity.

“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,” the statement said. It cautioned that actions like this could discourage lawyers from representing clients in complex or high-profile matters.

Background

The summons was linked to Datar’s legal opinion regarding Employee Stock Ownership Plan (ESOP) allocations by Care Health Insurance to Rashmi Saluja, former chairperson of Religare. The ED is investigating whether the ₹250+ crore ESOP distribution violated regulatory norms.

In his response to the summons, Datar had invoked professional privilege—a principle that protects the confidentiality of legal advice provided by advocates to their clients. He also reminded officials that lawyers cannot be criminally investigated for fulfilling their professional obligations.

Call To Uphold Bar Independence

Reiterating the critical role of an independent legal profession, SCAORA said coercive tactics aimed at advocates threaten the strength and fairness of the judicial system.

The statement noted, “An independent Bar is the backbone of a robust judiciary. Lawyers cannot be held liable for clients’ decisions based on legal advice given in good faith.”

The episode has triggered broader questions about the boundaries of investigative power and the need to protect legal professionals from intimidation, particularly in politically sensitive or high-stakes cases.