Bombay Bar Association slams ED summons to senior advocates, warns of legal action

The Hindu

4 days ago

In a sharply worded statement, the Bombay Bar Association (BBA) has condemned the issuance of summons by the Enforcement Directorate (ED) to two prominent Senior Advocates, Arvind Datar and Pratap Venugopal — in connection with an ongoing money laundering investigation. Although the summons has since been withdrawn, the Association said the act itself represents a direct affront to the legal profession and the rule of law.
Calling the move 'a direct attack on the legal community as a whole,' the BBA said the incident has 'shocked the collective conscience' of lawyers across India. The Association expressed grave concern over what it views as a misuse of power by the investigative agency, warning that such actions risk setting a dangerous precedent for the intimidation of advocates performing their professional duties.
'Advocates accept any professional assignment on the basis that during the course of such professional work, they would not have to face intimidation or threats of any kind,' the statement read. It added that the rule of law cannot be preserved if advocates feel threatened merely by representing clients.
The Association underlined that the powers of the ED, while statutory, must be exercised within the legal framework of the country, which includes protections enshrined in the Bharatiya Sakshya Adhiniyam, 2023 — particularly provisions safeguarding professional and confidential communication between advocates and their clients.
The BBA also linked the issue to broader constitutional values, noting that any interference with the legal profession undermines fundamental rights, including the right to a fair trial and legal aid under Article 21 of the Constitution. 'Any attack on an Advocate, direct or indirect, has the consequence of destroying these constitutional ideals — a situation which is antithetical to the rule of law in a democratic country like India,' the statement said.
In a pointed remark, the Association said: 'Surely, this is not the Amrit Kaal,which we want to see,' adding that 'lessons in Constitutional law are required to be taught in law colleges only and not to officers of investigative agencies, on a daily basis by the respected Constitutional Courts.'
Pledging full support to any legal professional targeted by overreach from investigative agencies, the Association stated that it will 'leave no stone unturned' in defending the independence and dignity of the legal profession. It also indicated its readiness to initiate legal proceedings before High Courts or the Supreme Court of India, if necessary.
'The right to practice the legal profession is a fundamental right,' the BBA emphasised, 'and we shall not hesitate to take every legal step to preserve and protect it.'
The ED issued summons to the advocates during its probe into the grant of ₹250 crore worth of Employee Stock Option Plans (ESOPs) by Care Health Insurance to former Religare chairperson Rashmi Saluja. Mr. Datar had provided legal opinion on the ESOPs, while Mr. Venugopal was the advocate-on-Record. Following the backlash from legal bodies, the ED withdrew the summons and issued a directive barring such notices to advocates without prior approval from its Director, in line with Section 132 of the Bharatiya Sakshya Adhiniyam, 2023.
The June 20, 2025, statement issued by the ED said, 'In view of the fact that Shri Pratap Venugopal is a Senior Advocate in the Hon'ble Supreme Court, the summons issued to him has been withdrawn and same has been communicated to him. In the said communication, it has also been stated that if any documents will be required from him in his capacity as an Independent Director of CHIL, the same will be requested from him to be submitted by email.'
The statement further said that the ED has also issued a Circular for the guidance of the field formations that no summons shall be issued to any advocate in violation of Section 132 of the Bhartiya Sakshya Adhiniyam, 2023. 'Further if any summons needs to be issued under the exceptions carved out in proviso to section 132 of the BSA, 2023, the same shall be issued only with the prior approval of the Director, ED.'