In what can be seen as yet another matter of bickering between executive and judiciary, the Supreme Court Advocates-on-Record Association (SCAORA) has written to the Chief Justice of India flagging the issuance of summons by the Enforcement Directorate (ED) to another Senior Advocate, this time, Pratap Venugopal.
The Association has urged the Court to take urgent suo motu cognisance of the summons issued to Venugopal over a legal opinion rendered in his professional capacity.In a strongly-worded letter dated June 20, SCAORA President Vipin Nair described the ED’s action as “a deeply disquieting development” that poses a serious threat to the foundational principles of lawyer-client confidentiality and the independence of the legal profession.
“It has come to our notice that Mr. Pratap Venugopal, Senior Advocate, Supreme Court has received on 19.6.2025, a summons dated 18.6.2025 by the Enforcement Directorate under Section 50 of the Prevention of Money Laundering Act, 2002,” the letter states.The summons pertains to an investigation involving the Employee Stock Option Plan (ESOP) granted by Care Health Insurance to former Religare Enterprises Chairperson Rashmi Saluja. Venugopal was the Advocate-on-Record for a legal opinion authored by Senior Advocate Arvind Datar, which supported the grant of stock options. The ED had earlier issued a similar notice to Datar, but it was later withdrawn.
SCAORA emphasised that Venugopal is “a widely respected member of the legal fraternity,” whose professional record and sincerity led to his designation as a Senior Advocate earlier this year.“These actions, by the ED, we believe, amount to an impermissible transgression of the sacrosanct lawyer-client privilege,” the letter continues, warning that such coercive measures could have a chilling effect on the legal community.
Calling on the Supreme Court to act decisively, the Association urged the Court to examine the legality and propriety of such summonses to legal professionals and safeguard the constitutional and professional protections afforded to advocates.
Lay down guidelines to prevent further erosion of lawyer-client privilege.“The role of an advocate, in offering legal advice, is both privileged and protected. Interference by investigative agencies...strikes at the heart of the rule of law," the letter read.
The letter concludes with an appeal to the Supreme Court to uphold the independence of the Bar and prevent any misuse of executive power that could undermine the dignity of the legal profession.Earlier this week, SCAORA issued a statement objecting to the summons issued to Datar, raising concerns over its broader implications for the legal profession.
In the statement dated June 16, SCAORA described the ED’s action as “unwarranted” and expressed concern over what it termed a trend of “investigative overreach” affecting the legal profession and the functioning of the rule of law.The Delhi High Court Bar Association too deplored the attempt by the officials of ED to issue summons to Datar."Such attempts not only undermine the independence of the profession but also seriously impinge the constitutional rights of being defended by a lawyer of one’s choice and a fair trial," the DHCBA said in a resolution passed on June 17.
The Madras High Court Advocates Association, in a resolution dated June 18, termed the ED’s action against Datar a direct assault on the independence of the Bar and a dangerous precedent.
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