Why Lawyers Are Unhappy With ED Summons

The Enforcement Directorate’s (ED) summons to senior advocates Pratap Venugopal and Arvind Datar has sparked controversy, with the legal fraternity opposing the move. Lawyers argue that attorney-client privilege protects them from being summoned, and that such actions could undermine the independence of the judiciary. Divyam Agarwal, partner at JSA Advocates & Solicitors, stated that allowing investigative agencies to question advocates on advice given to clients would destabilize the foundation and independence of the legal profession. The ED has since withdrawn the summons and issued a circular guiding field formations to respect attorney-client privilege under Section 132 of the Bharatiya Sakshya Adhiniyam, 2023. Read Article