SC verdict on Friday in suo motu case on summoning of advocates by ED

Don't want to miss the best from Business Standard?

The Supreme Court is scheduled to deliver on Friday its verdict in a suo motu matter concerning the summoning of advocates who give legal opinion or represent parties during the probe of cases.

A bench headed by Chief Justice B R Gavai had on August 12 reserved its judgment in the suo motu case titled 'In Re: Summoning advocates who give legal opinion or represent parties during investigation of cases and related issues.

While hearing the matter on July 29, the top court said if a person was merely acting as a lawyer, then he should not be summoned by probe agencies for rendering legal opinion to a client who was under investigation.

The apex court, however, said if a lawyer was assisting the client in the crime, then he could be summoned.

Earlier, the apex court had observed that the Enforcement Directorate (ED) was "crossing all limits" and expressed serious concern over the agency summoning lawyers for offering legal advice or representing clients during investigations.

It had also called for guidelines on the matter.

The suo motu case came in the wake of the ED summoning senior lawyers Arvind Datar and Pratap Venugopal.

On June 20, the ED said it directed its investigating officers not to issue summons to any advocate in money laundering investigations being carried out against their clients. An exception to this rule can only be made after "approval" by the agency's director, it added.

The ED, tasked with combating money laundering crimes, had issued a circular for guidance of its field formations, stating that "no summons" should be issued to any advocate in violation of Section 132 of the Bhartiya Sakshya Adhiniyam (BSA), 2023.

The issuing of summons to these advocates was condemned by the Supreme Court Bar Association (SCBA) and the Supreme Court Advocates-on-Record Association (SCAORA), which called the move a "disturbing trend" that struck at the very foundations of the legal profession.

The bar bodies had urged the CJI to take suo motu cognisance of the matter.