The Supreme Court Advocates-on-Record Association (SCAORA) has strongly condemned the Enforcement Directorate (ED) for issuing a summons—later withdrawn—to Senior Advocate Arvind P. Datar. The summons was reportedly linked to a legal opinion given by Datar to a client, Care Health Insurance, regarding ESOPs issued to former Religare Enterprises chairperson Rashmi Saluja.
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SCAORA expressed its “strong disapproval and unequivocal condemnation” of the ED’s action, stating that such interference is completely “unwarranted and threatens the independence of the legal profession.” The association emphasized that summoning a senior advocate merely for performing his legal duty is an “affront to the sanctity of the advocate’s role.”
“To summon a senior member of the Bar for discharging his professional responsibility is a misuse of authority,” said SCAORA.
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The association described this move as part of a “disturbing trend of investigative overreach” that could ultimately harm the rule of law. They warned that coercive actions against legal professionals can create a chilling effect on the entire legal community.
“When investigative agencies resort to coercive measures against advocates merely for giving legal opinions, they strike at the institutional structure that ensures justice,” the statement read.
SCAORA further highlighted that the Supreme Court has repeatedly held that lawyers are not accountable for the acts of their clients just because they provided legal counsel. The ED’s move, it said, wrongly equates giving a legal opinion with criminal involvement—an “unjustifiable and constitutionally untenable” proposition.
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“This sends a chilling message to the legal community and threatens the foundational right of citizens to receive independent legal counsel without fear,” said the association.
Though the ED later withdrew the summons issued to Mr. Datar, SCAORA noted that the damage was already done. It described the issuance of the summons as an “arbitrary exercise of executive power” that strikes at the independence of both the Bar and the Judiciary.
“Even though the said summon issued against Mr Datar has been withdrawn, SCAORA lodges its strong protest against the arbitrary exercise of executive power by the agencies.”
The Economic Times earlier reported that the ED's inquiry was based on Datar’s legal opinion provided to Care Health Insurance regarding employee stock ownership plans.
