Enforcement Directorate issues circular reiterating that no Summons are to be issued to Lawyers without permission of the Director.

Enforcement Directorate issues circular reiterating that no Summons are to be issued to Lawyers without permission of the Director.

"ED has issued a Circular for the guidance of the field formations that no summons shall be issued to any Advocate in violation of Section 132 of the Bhartiya Sakshya Adhiniyam, 2023. Further if any summons needs to be issued under the exceptions carved out in proviso to section 132 of the BSA, 2023, the same shall be issued only with the prior approval of the Director." 

Section 132 of BSA enshrines the principle of lawyer-client privilege. 

"No advocate, shall at any time be permitted, unless with his client's express consent, to disclose any communication made to him in the course and for the purpose of his service as such advocate, by or on behalf of his client, or to state the contents or condition of any document with which he has become acquainted in the course and for the purpose of his professional service, or to disclose any advice given by him to his client in the course and for the purpose of such service:

Provided that nothing in this section shall protect from disclosure of-

(a) any such communication made in furtherance of any illegal purpose;

(b) any fact observed by any advocate, in the course of his service as such, showing that any crime or fraud has been committed since the commencement of his service.

(2) It is immaterial whether the attention of such advocate referred to in the proviso to sub-section (1), was or was not directed to such fact by or on behalf of his client.

Explanation: - The obligation stated in this section continues after the professional service has ceased."

The ED officials had recently issued summons to two Senior Advocates namely Arvind Datar and P Venugopal in relation to their legal advice Care Health Insurance on the ESOP issued to former Religare Enterprises chairperson Rashmi Saluja.
This action drew condemnation from various Bar bodies across the country, some of which approached the Supreme Court to take suo motu cognizance, citing threat to autonomy of advocates and underlining the principle of lawyer-client privilege.

Read More: - Enforcement Directorate issues circular reiterating that no Summons are to be issued to Lawyers without permission of the Director.