SC to hear suo motu plea on ED summoning lawyers for legal advice on Monday
A bench of Chief Justice B R Gavai and justices K Vinod Chandran and N V Anjaria will hear the matter.
New Delhi, Jul 13 (PTI) The Supreme Court is slated to hear on Monday a suo motu case over the issue of investigation agencies summoning lawyers who offer opinions to parties and represent them in cases.
However, on June 20, the ED directed its investigating officers not to issue summons to any advocate in money laundering investigations being carried out against their clients, adding that an exception to this rule can only be made after 'approval' by the agency's director.
The central probe agency, tasked with combating money laundering crimes, issued the circular for the 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.
'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,' the agency said.
The counsel had offered legal advice to Care Health Insurance Limited on the employee stock ownership plan given to Rashmi Saluja, former chairperson of Religare Enterprises.
The summons were condemned by the Supreme Court Bar Association (SCBA) and the Supreme Court Advocates-on-Record Association (SCAORA), calling it a 'disturbing trend' that struck at the very foundations of the legal profession.
The bar bodies had urged the chief justice of India to take suo motu cognisance of the matter.
On June 25, a bench of justices K V Viswanathan and N Kotiswar Singh observed the legal profession was an integral component of the process of administration of justice and that allowing police or probe agencies to directly summon lawyers for advising clients would seriously undermine the autonomy of legal profession and was a 'direct threat' to the independence of the administration of justice.
The bench had framed a couple of questions in the matter.
'…when an individual has an association with a case only as a lawyer advising the party, could the investigating agency/prosecuting agency/police directly summon the lawyer for questioning?' the bench asked.
Another question read, 'Assuming that the investigating agency or prosecuting agency or police have a case that the role of the individual is not merely as a lawyer but something more, even then, should they be directly permitted to summon or should a judicial oversight be prescribed for those exceptional criteria?' The bench said since it was a matter directly impinging on the administration of justice, 'to subject a professional… when he is a counsel in the matter… prima facie appears to be untenable, subject to further consideration by the court'.
The order came when the top court was hearing a plea of a Gujarat-based advocate, challenging an order of the high court passed on June 12.
The high court in March 2025 refused to quash a notice summoning the lawyer before the police in a case against his client.
The top court, however, directed the state not to summon him till further orders and stayed the operation of the police's notice issued to him.
It said the lawyers engaged in legal practice, apart from their fundamental right under Article 19 (1)(g) of the Constitution, had certain rights and privileges guaranteed as legal professionals and further as a result of statutory provisions.
Article 19 (1)(g) of the Constitution deals with the right to practise any profession or to carry on any occupation, trade or business.
Underlining the issue as important, the bench called for the assistance of the attorney general, the solicitor general, the chairperson of the Bar Council of India, and the presidents of the SCBA and SCAORA.
The top court had asked the apex court registry to place the case files before the CJI for passing appropriate directions. PTI PKS SKY SKY
This report is auto-generated from PTI news service. ThePrint holds no responsibility for its content.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Time of India
15 minutes ago
- Time of India
Four accused in rape and abetment of suicide of schoolgirl sent to magisterial custody
Kolhapur: A Sangli court sent four accused of allegedly raping and abetting the suicide of a 16-year-old girl to 14 days' magisterial custody after their five-day police custody ended on Monday. The girl committed suicide in the early hours of Monday last week. Her father lodged a complaint that evening, alleging that four from the village were harassing her while she was on her way to school. He said they raped her and recorded the incident. She was threatened with the video being made public if she refused further sexual relations. A senior police official in Sangli said, "We have gathered all technical evidence, including digital video recorder of CCTV cameras. The technical evidence will be sent to a Kolhapur-based forensic laboratory. We asked for magisterial custody, requesting the right to obtain police custody whenever required." Police said a preliminary examination of the victim's cell phone revealed that the suspects were repeatedly calling her until 11.30 pm on Sunday, prompting the girl to switch off her mobile phone. All the suspects are in the 20-24 years age group. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Cách giao dịch ETH/USD mà không cần nắm giữ Ether IC Markets Tìm hiểu thêm Undo One of them runs a bakery in the village, another works in the bakery, one is a farmer, and the fourth runs a garage, Kamble said. A case of offences punishable under sections 64 (2) (m) (raping the same woman repeatedly), 74 (outraging the modesty of a woman), and 78 (stalking and attempting to contact a woman despite rejection) of the Bharatiya Nyaya Sanhita and sections 4 and 6 (both related to sexual assault) and 12 (sexual harassment) of the Protection of Children from Sexual Offences (POSCO) Act has been registered in this connection.
India Gazette
27 minutes ago
- India Gazette
"Despicable act, against spirit of festival": MEA condemns Toronto's Rath Yatra disruption, urges Canada to take action
New Delhi [India], July 14 (ANI): India on Monday strongly condemned the disruption caused during the Rath Yatra procession in Toronto, calling the act despicable and urging the Canadian authorities to take action against those responsible. In response to media queries on the incident, Ministry of External Affairs (MEA) Official Spokesperson Randhir Jaiswal said, 'We have seen reports regarding disruption created by mischievous elements during the Rath Yatra procession in Toronto.' 'Such despicable acts are regrettable and are against the spirit of the festival, which seeks to promote unity, inclusivity, and social harmony,' he added. Jaiswal further noted, 'We have strongly taken up the matter with Canadian authorities to hold the perpetrators of the act accountable.' 'We hope the Canadian Government will take necessary action to protect the religious rights of people,' the spokesperson said. Echoing the concerns raised by the MEA, former Odisha Chief Minister Naveen Patnaik on Monday expressed deep concern over reports of eggs being hurled at devotees during the Ratha Jatra celebrations in Toronto, Canada, calling the incident deeply disturbing and hurtful to the sentiments of devotees of Lord Jagannatha worldwide. 'Deeply disturbed to know about the reports of eggs being hurled at devotees during Ratha Jatra celebrations in Toronto, Canada. Such incidents not only grievously hurt the sentiments of Lord Jagannatha's devotees worldwide, but also cause deep anguish to the people of Odisha, for whom this festival holds profound emotional and cultural significance,' Patnaik said in a post on X. Urging prompt action, he called on the Odisha Government and the Ministry of External Affairs to take up the matter with Canadian authorities. 'If these media reports are accurate, the Odisha Government should take the matter seriously and urge the Ministry of External Affairs to register a strong protest with the Canadian authorities,' he added. The remarks came in response to posts by Toronto-based Instagram user Sangna Bajaj, who alleged that eggs were thrown at devotees from a nearby building during the celebrations. 'People from a building throw eggs at us,' she wrote in one post. In another, she stated, 'Someone from a nearby building threw eggs at us. Have you ever experienced discrimination for your faith?' In a troubling recurrence of targeted attacks on Hindu places of worship across Canada, the BAPS Swaminarayan Mandir in Edmonton fell victim once more to vandalism. The recent attack adds to a string of similar incidents documented in recent years, underscoring a distressing trend of religious intolerance. Last year, a Hindu temple in Windsor suffered defacement with anti-India graffiti, sparking widespread condemnation and calls for action from both Canadian and Indian officials. Earlier incidents in Mississauga and Brampton saw temples similarly targeted, drawing strong reactions from the Indian community in Canada. Canadian law enforcement agencies have been urged to take proactive measures to address these threats and ensure the safety and security of all religious communities in Canada. The incidents have prompted renewed discussions on bolstering security measures around Hindu temples and enhancing efforts to combat extremist propaganda. Meanwhile, several global reports have highlighted the growing concerns over Khalistani sympathisers operating within Canada, with incidents often linked to calls for an independent Khalistan state in India's Punjab region. (ANI)
Time of India
30 minutes ago
- Time of India
Toronto rapper Top5 stabbed in London while supporting Drake, weeks after attempted hotel stunt targeting Kendrick Lamar
Toronto rapper Top5 was reportedly the target of a violent knife attack in London over the weekend, leaving fans in shock. According to reports, a masked man stabbed him in the neck while he was speaking with fans. The sudden ambush could have turned fatal, but thankfully, he survived and is said to be in stable condition. Top5 had travelled to London to support his long-time friend and OVO frontman Drake, who was headlining three nights at the Wireless Festival. Notably, the alleged murder attempt comes a month after Top 5 tried to enter Kendrick Lamar's hotel in Toronto. Top5 survives frightening neck attack According to Toronto-based outlet @keep6ixsolid and DJ Akademiks, the attack happened while Top5 was casually talking to fans in London. Out of nowhere, a masked man allegedly ran up and slashed his neck. Thankfully, he survived. Reports suggest he was rushed to a hospital and is now recovering, though he hasn't said anything publicly yet. The exact details—like when or why this happened—are still unclear. But the fact that it happened during what was supposed to be a celebratory trip to support Drake at Wireless has left fans rattled. Some have even pointed out that Top5 had recently called out certain UK rappers, calling them 'soft,' which may or may not have contributed to tensions while he was abroad. Sources close to him say he is currently in stable condition and surrounded by close friends while recovering. While he hasn't posted online since the incident, people close to the situation have confirmed he's expected to pull through. A video circulating on social media claims to show the alleged incident, with several men seen surrounding a car, vandalizing it, and appearing to assault someone inside. However, it's unclear whether the footage is directly linked to the stabbing, as the visuals have not been officially verified. Toronto rapper Rapper Top5 was allegedly stabbed in the neck while in Top5's viral Kendrick Lamar hotel stunt and online loyalty to Drake Top5 has been riding hard for Drake ever since the Kendrick Lamar beef exploded into one of the most talked-about rap rivalries in recent memory. Just a few weeks ago, he allegedly tried to enter the Toronto hotel Kendrick was rumoured to be staying at during his "Grand National" shows. Security reportedly stopped him at the door. He didn't get in, but he made sure to post about the attempt online, fuelling even more drama. More footage has surfaced of Kendrick Lamar's 25-car police escort from the Toronto Police Service to quickly get him out of the city. 🚔It's also been revealed Top5 tried to get into the Nobu Hotel where Kendrick was before his show, but it was locked down for safety reasons. TOP5's move now has people talking. Some saw it as loyalty, others thought it was just clout-chasing. With the London stabbing happening soon after, many are now wondering if he is putting himself at risk by getting too involved in rap drama.
