Probe agencies can't summon lawyers: AG; CJI says 'ED officers crossing all limits'
NEW DELHI: Admitting that ED erred in summoning senior advocates Arvind Datar and Pratap Venugopal for rendering legal opinions to clients in a laundering case, attorney general R Venkataramani Monday told Supreme Court that all probe agencies have been asked not to commit this mistake in future.
'We'll frame guidelines in this regard,' AG told a bench of CJI B R Gavai and Justice K Vinod Chandran while it was hearing a suo motu case regarding the summons, which were later withdrawn.
'ED officers are crossing all limits. They must know that under law, communication between a lawyer and his client is a privileged communication,' Gavai said.
If a lawyer is involved in crime, law will take its own course: CJI
However, if a lawyer is involved in a crime, law will take its own course,' CJI Gavai said.
SC would take up petitions filed by various bar associations on July 29 to attempt to lay down comprehensive guidelines in this regard, he added.
On the joint pleas of SCBA president Vikas Singh, SC Advocates-on-Record president Vipin Nair, senior advocates Mukul Rohatgi and Vijay Hansaria, the CJI-led bench said it would frame guidelines for agencies and bar them from summoning advocates for legal opinion or advice rendered to clients facing prosecution.
by Taboola
by Taboola
Sponsored Links
Sponsored Links
Promoted Links
Promoted Links
You May Like
American Investor Warren Buffett Recommends: 5 Books For Turning Your Life Around
Blinkist: Warren Buffett's Reading List
Undo
While agreeing with AG, solicitor general Tushar Mehta pointed out another malady afflicting some in the legal professions. "It is equally wrong on the part of advocates, who appear for or advise a client, to create a planned narrative in favour of their client and against the probe agency through social media before and after filing of a petition in a court. Lawyers must stick to their duty of presenting the case before the court,' he said.
Mehta said, "The communication between a lawyer and his client is no doubt privileged and which must be immune from investigation, But would a lawyer's action in creating a narrative for his client outside the court also enjoy the status of a privileged communication? Would it not amount to an attempt to influence the public and judiciary about a case?'
CJI Gavai asked, 'Have you ever found a judgment or order of a court getting swayed or influenced by such narratives spun by lawyers outside the court? We go by facts and submissions in the courtroom and do not even watch or read what the lawyers speak outside the courtroom about the case.'
Mehta said the issuance of summons to Datar was brought to the notice of the 'highest executive' and within six hours a circular was issued by the ED barring its officers from issuing summons to any advocate. Singh, Nair and Hansaria said issuance of summons to advocates by probe agencies would have a chilling effect on the independence of the legal profession.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
New Indian Express
23 minutes ago
- New Indian Express
Defence forces once waited for order from Delhi, now giving befitting reply: J P Nadda
NEW DELHI: BJP president J P Nadda on Saturday said India's defence policy has undergone a sea change under the Modi government as armed forces had to earlier wait for orders from Delhi to react to firing from across the border but they are now free to give a befitting reply. Speaking at an event to commemorate the 26th anniversary of Kargil Vijay Diwas, he cited Operation Sindoor to assert that India has established a "new normal" in dealing with Pakistan-linked terrorism by taking the fight to the enemy country. Prime Minister Narendra Modi has made it clear that those perpetuating terrorism and those supporting them will be punished equally, Nadda said. India has called Pakistan's nuclear bluff, he added. He said India's defence production and export have risen under the Modi government, claiming that the armed forces under the previous UPA dispensation suffered from a shortage of bulletproof jackets but the country now sells it abroad. A defence minister under the preceding Congress-led government defended not building border roads citing that enemy troops cannot move quickly in case of attack, Nadda said. Under Modi, 8,000 kilometre of all-weather and 400 double-lane bridges have been built near the border, he said.
Time of India
32 minutes ago
- Time of India
Team Amritpal to challenge MP's continued detention under NSA in SC
Amritsar: Team Amritpal has decided to challenge the imposition of the National Security Act (NSA) against Khadoor Sahib MP Amritpal Singh for the third time in the Supreme Court . The team also expressed resentment over Amritpal's continued solitary confinement in Assam's Dibrugarh Jail, even as nine other persons who were detained alongside Amritpal at the high-security prison had already been shifted to Punjab. Advocate Imaan Singh Khara, legal counsel for Amritpal Singh, informed that he recently met the Lok Sabha member from Khadoor Sahib at Dibrugarh Jail and following the meeting, they have decided to file a petition in the Supreme Court under Article 32 of the Indian Constitution seeking protection of Amritpal Singh's fundamental right to personal liberty and quashing of the third NSA order imposed on him. Amritpal Singh's detention under the NSA was extended for the third time on April 23. Imaan Singh also lamented that Amritpal Singh remained in solitary confinement, even as the other detainees had been transferred to different jails in Punjab. Out of the other nine detainees, four have been transferred to Bathinda Jail, three to Patiala Jail, and one each to Amritsar and Ropar jails, he said. It all began in Feb 2023, when Waris Punjab De activists, led by Amritpal Singh, stormed Ajnala police station under the cover of Guru Granth Sahib demanding the release of their associate Lovepreet Singh Toofan. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Are You From Bangladesh? You Might Qualify For AI Courses Artificial Intelligence Course | Search Ad Undo During the incident, which was widely described as an attack on the state, eight police personnel, including a deputy superintendent of police were injured. Such was the attack that the DSP required 18 stitches. In response, the police on March 18, 2023, launched an operation to apprehend Amritpal and after a month-long manhunt, he was finally arrested on April 23, 2023, from Rode village in Moga district. A senior member of the Team Amritpal, meanwhile, informed that Amritpal had not only given consent to contest the ensuing Tarn Taran byelection under the banner of Akali Dal Waris Punjab Dae, but also called upon the people of the constituency to support the party candidate. Sources said the party was still considering Paramjit Kaur Khalra's name for the bypoll and was in touch with the rights activist. Paramjit Kaur, however, in a post on X, had denied contesting any election. "Very soon we will announce our candidate and begin campaigning," said the source. MSID:: 122922747 413 |
The Hindu
33 minutes ago
- The Hindu
Enforcement Directorate raids against Anil Ambani Group companies continue on day 3
Enforcement Directorate (ED) searches against the companies of Reliance Group chairman Anil Ambani in Mumbai continued for the third day on Saturday (July 26, 2025) with the agency recovering a number of documents and computer peripherals from multiple locations, official sources said. The raids were launched on July 24 by the federal probe agency as part of an alleged ₹3,000 crore worth bank loan fraud-linked money laundering case apart from multiple other allegations of financial irregularities with crores of rupees by certain companies. 'The searches, being conducted under the Prevention of Money Laundering Act (PMLA), are continuing at some locations out of the more than 35 premises that were covered in Mumbai since Thursday (July 24, 2025),' the sources said. These premises belong to 50 companies and 25 people including a number of executives of the Anil Ambani Group companies. ED sources had said the investigation primarily pertains to allegations of illegal loan diversion of around ₹3,000 crore, given by the Yes Bank to the group companies of Mr. Ambani between 2017-2019. Reliance Power and Reliance Infrastructure, two companies of the group, had on Thursday (July 24, 2025) informed the stock exchanges saying while they acknowledge the action, the raids had 'absolutely no impact' on their business operations, financial performance, shareholders, employees, or any other stakeholders. 'The media reports appear to pertain to allegations concerning transactions of Reliance Communications Limited (RCOM) or Reliance Home Finance Limited (RHFL) which are over 10 years old,' the companies had said. The ED, the sources had said, has found that just before the loan was granted, Yes Bank promoters 'received' money in their concerns. The agency is investigating this nexus of 'bribe' and the loan. The sources said the ED is also probing allegations of 'gross violations' in Yes Bank loan approvals to these companies including charges like back-dated credit approval memorandums, investments proposed without any due diligence/credit analysis in violation of banks credit policy. The loans are alleged to have been 'diverted' to many group companies and 'shell' (bogus) companies by the entities involved. The agency is also looking at some instances of loans given to entities with weak financials, lack of proper documentation of loans and due diligence, borrowers having common addresses and common directors in their companies etc., the sources said. The money laundering case stems from at least two CBI FIRs and reports shared by the National Housing Bank, SEBI, National Financial Reporting Authority (NFRA) and Bank of Baroda with the ED, they said. These reports indicate, the sources said, that there was a 'well-planned and thought after scheme' to divert or siphon off public money by cheating banks, shareholders, investors and other public institutions. The Union government had informed the Parliament recently that the State Bank of India has classified RCOM along with Mr. Ambani as 'fraud' and was also in the process of lodging a complaint with the CBI. A bank loan 'fraud' of more than ₹1,050 crore between RCOM and Canara Bank is also under the scanner of the ED, apart from some 'undisclosed' foreign bank accounts and assets, the sources said. Reliance Mutual fund is also stated to have invested ₹2,850 crore in AT-1 bonds and a 'quid pro quo' is suspected Mumbai by the agency. Additional Tier 1 (AT-1) are perpetual bonds issued by banks to increase their capital base and they are riskier than traditional bonds having higher interest rates. An alleged loan fund diversion of about ₹10,000 crore involving Reliance Infrastructure too is under the scanner of the agency. A SEBI report on RHFL is also part of the ED probe. The companies also said in their filings before the stock exchanges that Anil Ambani was not on the Board of either Reliance Power or Reliance Infrastructure and that they had no 'business or financial linkage' to RCOM or RHFL. Any action taken against RCOM or RHFL, the companies said, has no bearing or impact on the governance, management, or operations of either Reliance Power or Reliance Infrastructure.
