No Summons To Lawyers Without Prior Permission Of Director: ED Issues Circular
The Enforcement Directorate (ED) has issued a circular directing its field formations not to summon advocates in violation of Section 132 of the Bharatiya Sakshya Adhiniyam, 2023 (BSA), which safeguards attorney-client privilege and prevents lawyers from disclosing client communications without express consent.
Under this circular, no summons can be issued to any advocate unless it falls under the exceptions specified in Section 132 of the BSA, and even then, only with the prior approval of the Director of the Enforcement Directorate. The move comes after backlash and protests from the legal community over recent summons issued to senior advocates Arvind Datar and Pratap Venugopal in connection with a money laundering investigation involving Care Health Insurance Limited (CHIL) and the issuance of Employee Stock Option Plans (ESOPs).
The ED clarified that if further information is needed from individuals like Pratap Venugopal who also serve as independent directors, it will be requested via email rather than through formal summons, respecting their professional status as advocates.
This directive reinforces the legal protection of lawyer-client confidentiality and aims to prevent undue interference with the independence of the legal profession.
