Bombay Bar Association Condemns ED's Summons To Senior Advocates In ESOP Case, Warns Of Threat To Rule Of Law

Mumbai: The Bombay Bar Association (BBA) has strongly condemned the Enforcement Directorate’s (ED) recent move to summon Senior Advocates Arvind Datar and Pratap Venugopal in connection with a legal opinion rendered in the ESOP matter involving Care Health Insurance Ltd. Although the ED has since withdrawn the summons, the Bar body asserted that their very issuance strikes at the foundation of protections guaranteed to advocates under Indian law.

In a two-page statement issued through its president, Senior Advocate Nitin Thakker, the Association called the move a direct attack on the legal fraternity and said the development had “shocked the collective conscience” of lawyers across the country.

The statement emphasised that advocates accept professional assignments with the understanding that they will not be subjected to intimidation or harassment for representing clients. “No person including any investigative agency ought to be permitted to take any action, which can have the effect of deterring any Advocate… from offering their services,” it stated.

The BBA warned that such actions undermine the rule of law, which relies on the fearless and independent functioning of the legal community. It pointed out that the ED’s powers are statutory and must be exercised strictly within the boundaries of the legal framework, including protections under the Bharatiya Sakshya Adhiniyam, 2023, which safeguards professional and confidential communication between advocates and clients.

Commenting on the broader implications, the Association said, “Any attack on an Advocate, direct or indirect, has the consequence of destroying 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.”

The ED has now issued a circular stating that no summons shall be issued to any advocate without prior approval of its Director.

The BBA concluded that it would “leave no stone unturned” in defending members of the legal fraternity and, if necessary, would initiate legal proceedings before any High Court or the Supreme Court to protect the right to practice law — a fundamental right under the Constitution.

In a related statement, the Supreme Court Advocates-on-Record Association (SCAORA) also denounced the ED’s action, calling it a “disturbing trend of investigative overreach” and a “misuse of authority.”

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