‘Not the Amrit Kaal We Want’: Bombay HC Bar Association Condemns ED Summons to Senior Advocates

The Bombay High Court Bar Association has strongly condemned the recent issuance of summons by the Enforcement Directorate (ED) to Senior Advocates Arvind Datar and Pratap Venugopal in connection with a legal opinion rendered in the ESOP matter involving Care Health Insurance Ltd.

In its two-page statement issued through its President, Senior Advocate Nitin G. Thakker, the Association noted that although the summons have since been withdrawn, their very issuance strikes at the core of the protections afforded to advocates under Indian law. Such actions, it added, have deeply shaken the collective conscience of the legal fraternity across the country.

While calling it a blow to the legal profession, the Bar body further remarked, “....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. Surely, this is not the Amrit Kaal we want to see. It is hoped 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 of India....”

Highlighting that advocates accept professional assignments with the assurance that they will not face threats or intimidation in the course of their work, the Association stated that no investigative agency should take any action that discourages lawyers from representing clients.

Emphasising that the rule of law relies on the fearless participation of the legal fraternity, the Bar body warned that such participation is threatened when advocates are summoned in connection with their professional duties.

It added that although the ED has statutory powers to investigate, those powers must be exercised strictly within the bounds of the legal framework, including legislations such as the Bharatiya Sakshya Adhiniyam.

Following the withdrawal of the summons, the ED issued a circular stating that no summons shall be issued to any advocate without the prior approval of the Director.

In conclusion, the Association said, “The Bombay Bar Association shall leave no stone unturned in supporting members of the legal fraternity, who may be at the receiving end of over- zealousness of any investigative agency. If found necessary, the Bombay Bar Association would not hesitate to file any suitable legal proceedings before any High Court or the Supreme Court of India, to preserve and protect the right to practice the legal profession, which is also a fundamental right guaranteed under the Constitution of India."

In a related development, SCAORA 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.