Following an outcry over issuance of summons to two senior advocates by the Enforcement Directorate (ED), the central agency has issued a circular asking its officials to not issue summons to advocates in violation of Section 132 of the Bharatiya Sakshya Adhiniyam, 2023.
The provision safeguards attorney-client privilege, exempting lawyers from disclosing any communication made by clients during the course of service rendered.
In a press note, the ED said that if any summons need to be issued to the lawyers, the same shall be issued only with the approval of the Director.
“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.”
The agency had earlier issued summons to Senior Advocates Arvind Datar and Pratap Venugopal in relation to an investigation involving the Employee Stock Option Plan (ESOP) granted by Care Health Insurance (CHIL) to former Religare Enterprises Chairperson Rashmi Saluja.
Both the summons were withdrawn after Bar bodies across India issued strong resolutions against the same. The Supreme Court Bar Association and the Supreme Court Advocates-on-Record Association (SCAORA) had today written to the Chief Justice of India BR Gavai, flagging the issuance of summons by the ED to Venugopal.
In the press note issued this evening, the ED said that summons were issued to Venugopal as he is an independent director of CHIL.
“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fact that Shri Pratap Venugopal is a Senior Advocate in the Hon’ble Supreme Court, the summons issued to him has been withdrawn and same has been communicated to him.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," it added.
[Read Press Note]