SCAORA Urges CJI To Take Suo Motu Cognisance Of ED Summons To Sr. Advocate Pratap Venugopal Over Legal Opinion
In a strong reaction to the Enforcement Directorate’s (ED) summons issued to Senior Advocate Pratap Venugopal over a legal opinion rendered in the ESOP matter involving Care Health Insurance Ltd., the Supreme Court Advocates-on-Record Association (SCAORA) has written to Chief Justice of India (CJI) Justice BR Gavai, urging urgent suo motu cognisance of the matter.
The ED has summoned Venugopal under Section 50 of the Prevention of Money Laundering Act, 2002, in connection with a legal opinion by Senior Advocate Arvind Datar on stock options granted to former Religare Chairperson Rashmi Saluja.
Venugopal, who was Advocate-on-Record in the matter, has been directed to appear before the ED on June 24, 2025.
In its letter, SCAORA expressed serious concern over what it described as an “impermissible transgression” of lawyer-client privilege and an act that threatens the independence of the legal profession. "These actions, by the ED, we believe, amount to an impermissible transgression of the sacrosanct lawyer-client privilege, and pose a serious threat to the autonomy and fearless functioning of advocates. Such unwarranted and coercive measures against senior members of the Bar for discharge of professional duties set a dangerous precedent, potentially resulting in a chilling effect across the legal community," the letter states.
Notably, a similar notice issued earlier to Datar was subsequently withdrawn.
The letter, signed by SCAORA President Vipin Nair, states that summoning legal professionals for bona fide opinions rendered in the course of duty could have a chilling effect and may “dissuade advocates from rendering honest, independent opinions.” It warns that such coercive measures “strike at the heart of the rule of law.”
SCAORA has called on the CJI to:
1. Examine the legality of such summons,
2. Safeguard the constitutional protections of advocates, and
3. Lay down guidelines to uphold lawyer-client confidentiality.
Reaffirming its commitment to the rule of law, the Association emphasized that it is imperative for the judiciary to act to prevent the misuse of executive power and to protect the dignity and autonomy of the legal profession.
"SCAORA has always been at the forefront of the fight for the independence of the judiciary as well as the preservation of the rule of law. We, as officers of the Court, are confident that the Hon'ble Supreme Court will act decisively to protect the independence of the bar, the dignity of the legal profession and prevent any misuse of executive power that undermines its independence," the letter reads.