Summons to Lawyers: Supreme Court thrusts on Attorney Client privilege

The Supreme Court of India today expressed its concerns over summons being issued to advocates, in cases relating to their clients. A CJI BR Gavai led bench said that it would lay down guidelines on the subject.

"It is privileged communication..even if advice is right or wrong..", the CJI observed at the outset. Senior Advocate Vikas Singh told the bench that the issue needed to be settled.

Notably, Solicitor General Tushar Mehta told the bench that there was a concentrated effort to create a narrative against a particular institution. Clarifying that he was speaking independently and not on behalf of the Enforcement Directorate, the SG added, "I am not from any political party..but if a politician is involved in a 3000 crore scam..minor observations creates a wrong impression...".

In response the CJI said, "I am seeing cases...politicisation of issues..ED is filing appeal after appeal only for the purpose of filing..".

"No, there is narrative building..that is going on very purposefully and very decisively. Your lordships must take cognizance and lay down guidelines..", the SG further submitted.

The matter will not be heard on July 29 for further consideration.

Supreme Court of India is hearing a suo motu case registered by it over summons being issued to advocates, in cases relating to their clients, by investigating agencies on July 14.

On June 25th, a bench of Justices KV Vishwanathan and N Kotiswar Singh which was hearing a plea by a lawyer who was summoned by police in Gujarat in relation to a case of his client had placed the issue before the CJI for taking cognizance.

The assistance of the Attorney General for India R Venkataramani, Solicitor General of India Tushar Mehta, Bar Council of India (BCI) Chairman, President of Supreme Court Bar Association (SCBA) and the President of Supreme Court Advocates-on-Record Association (SCAORA) had also been sought by the Supreme Court on the issue.

While granting interim relief to the lawyer who was summoned by the police in Gujarat, the bench had ordered that the matter be placed before the Chief Justice of India (CJI) for appropriate directions.

In relation to the Directorate of Enforcement, Mumbai Zonal office conducting a money laundering investigation in which it has been alleged that shares of M/s Care Health Insurance Ltd (CHIL) were issued at a much lower price in the form of ESOPs on 1st May, 2022, summons were issued to Senior Advocate Pratap Venugopal.

As a strong reaction to the ED's summons issued to Venugopal over a legal opinion rendered in the ESOP matter the Supreme Court Advocates-on-Record Association (SCAORA) wrote to Chief Justice of India (CJI) Justice BR Gavai, urging urgent suo motu cognisance of the matter.

The ED then clarified that said summons issued to Venugopal have 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 Venugopal in his capacity as an Independent Director of CHIL, the same will be requested from him to be submitted by email.

SCAORA recently also strongly condemned the ED's move to summon Senior Advocate Arvind Datar in connection with a legal opinion rendered by him in his professional capacity, alleging it constitutes a “disturbing trend of investigative overreach” and an attack on the independence of the legal profession. The bar body described the ED’s action as “unwarranted” and a “misuse of authority”, reflecting a growing tendency to undermine advocates who perform their duties fearlessly and impartially.

Case Title: IN RE : SUMMONING ADVOCATES WHO GIVE LEGAL OPINION OR REPRESENT PARTIES DURING INVESTIGATION OF CASES AND RELATED ISSUES vs.

Hearing Date: July 21, 2025

Bench: CJI Gavai and Justice K Vinod Chandran