The Supreme Court Advocates-on-Record Association (SCAORA) has strongly objected to the recent action of the Enforcement Directorate (ED) in issuing summons to Senior Advocate Pratap Venugopal. In a letter to the Chief Justice of India (CJI), SCAORA has urged the Supreme Court to take suo motu cognizance of the matter, warning that such actions pose a threat to the independence of the legal profession.
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The issue relates to summons issued to Venugopal by the ED on June 18 over the legal opinion he gave to M/s Care Health Insurance in relation to the ESOP (employee stock ownership plan) granted to Dr Rashmi Saluja, former chairperson of Religare Enterprises. At the time of the legal opinion, Venugopal acted as advocate-on-record supporting the grant of stock options. He was recently designated as senior advocate in January 2025. The ED has directed him to appear on June 24, rescheduled from the earlier date of June 27.
Earlier, similar summons were issued to another senior advocate Arvind Datar in the same case, which were later withdrawn.
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"We believe that these actions by the ED are an unwarranted violation of the sacrosanct attorney-client privilege, and pose a serious threat to the autonomy and fearless functioning of advocates," - SCAORA said in its letter to the CJI
SCAORA President Vipin Nair in the letter expressed concern over the legality and propriety of such summons being issued to legal professionals for opinions tendered in good faith. The letter called for an urgent judicial inquiry into the matter and framing of guidelines to protect advocates from such coercive measures.
"Such unwarranted and coercive measures against senior members of the Bar for discharging professional duties set a dangerous precedent," - SCAORA
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The association underlined that legal advice rendered by advocates is a protected and privileged function. It said any interference by investigative agencies in this context directly impacts the rule of law and may discourage lawyers from expressing genuine and honest opinions.
SCAORA’s letter also highlights the need to maintain the constitutional and professional protections enjoyed by advocates. It warned that such actions could have serious repercussions on the legal community, creating fear and hesitation among lawyers to freely perform their duties.
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“It is essential to protect the independence of the bar and ensure that advocates are not penalised simply for doing their job,”- SCAORA
The legal community now awaits the response of the Chief Justice and the Supreme Court to these serious concerns raised by one of the most respected bar associations in the country.
