SCAORA Condemns ED’s Summons To Senior Advocate Arvind Datar, Alleges “Attack On Independence Of Bar And Rule of Law”
Though the ED subsequently withdrew its summons against Datar, the SCAORA maintained its strong protest against what it called “an arbitrary exercise of executive power";
The Supreme Court Advocates-on-Record Association (SCAORA) has strongly condemned the Enforcement Directorate’s (ED) recent 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.
SCAORA, in a strongly worded statement, 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.
The Association stressed that Datar, a Senior Advocate of unimpeachable integrity, was discharging his professional responsibilities in providing a legal opinion, a role that advocates frequently perform in service of their clients and the administration of justice.
“To summon a senior member of the Bar for discharging his professional responsibilities is a direct attack on the independence of the legal profession and a violation of the principle that advocates are not liable for the actions of their clients simply for rendering legal opinions,” the SCAORA said in its letter.
The Association further insisted that the independence of the Bar and the independence of the Judiciary are “twin pillars of our constitutional democracy.”
It underscored that the effective functioning of the justice delivery system depends on advocates who can operate without fear or intimidation from investigative agencies.
SCAORA condemned the ED’s move as a dangerous precedent, sending a “chilling message to the legal community at large”, and threatening the fundamental right of every citizen to obtain independent legal counsel.
“If advocates can be coerced and summoned for their legal opinions, it would paralyze the functioning of the legal system and undermine public confidence in justice delivery," the letter reads.
The Supreme Court has repeatedly held that lawyers are not liable for the actions of their clients simply for rendering legal services. To pursue criminal action against advocates for their legal opinions, the SCAORA insisted, is constitutionally untenable and legally unjustifiable.
Though the ED subsequently withdrew its summons against Datar, the SCAORA maintained its strong protest against what it called “an arbitrary exercise of executive power.” The Association demanded that such investigative overreach be condemned to safeguard the independence of the Bar and the fairness of the legal process.