ED crossing all limits: SC on agency summoning lawyers for giving legal advice

ED crossing all limits: SC on agency summoning lawyers for giving legal advice

The Supreme Court on Monday strongly criticized the Enforcement Directorate (ED) for issuing summons to advocates solely for representing or advising clients in legal matters. Hearing a suo motu case, a bench led by Chief Justice D.Y. Chandrachud and Justice K. Vinod Chandran said such actions potentially infringe on lawyer-client privilege and could have a chilling effect on the legal profession. The court emphasized that even incorrect legal advice remains privileged communication. “They are crossing all limits,” the CJI said, noting that legal advice cannot become grounds for investigation. Senior advocates like Arvind Datar and Pratap Venugopal were reportedly issued notices, prompting widespread concern in the legal community. Attorney General R. Venkataramani and Solicitor General Tushar Mehta acknowledged the issue and confirmed that ED officials had been instructed not to summon lawyers for rendering legal opinions. The court directed all parties to submit detailed notes and set the next hearing for July 29, affirming the need for formal guidelines.