SC concerned over ED summoning lawyers for legal advice, mulls framing guidelines

“The communication between a lawyer and the clients is privileged communication and how can the notices be issued against them… they are crossing all limits,” the CJI said.

Supreme Court said on Monday as it expressed serious concern over the agency summoning advocates for offering legal advice. (File photo)

The Enforcement Directorate is “crossing all limits”, the Supreme Court said on Monday as it expressed serious concern over the agency summoning advocates for offering legal advice or representing clients during investigations. It also called for guidelines on the matter.

The remarks from an apex court bench of Chief Justice B R Gavai and Justice K Vinod Chandran came during a suo motu hearing initiated by the court to address the implications of such actions on the independence of the legal profession.

“The communication between a lawyer and the clients is privileged communication and how can the notices be issued against them… they are crossing all limits,” the CJI said.

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“Guidelines should be framed,” the CJI said while responding to submissions that recent ED notices to legal professionals like senior advocate Arvind Datar could have a chilling effect on the practice of law.

Attorney General R Vennkataramani and Solicitor General Tushar Mehta said the issue had been taken up at the highest level and the probe agency has been asked not to issue notices to the lawyers for rendering legal advice.

“Lawyers cannot be summoned for rendering legal opinions,” the solicitor general said.

He, however, said that there have been attempts to malign institutions by creating false narratives.

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