The Crossbill Team
The Supreme Court Advocates-on-Record Association (SCAORA) on Monday, July 16, strongly condemned the Enforcement Directorate (ED) for summoning senior advocate Arvind Datar in connection with legal advice he provided to a private firm, calling the move an "unwarranted act of investigative overreach."
In a sharply worded statement, the top bar body said the ED's action against Datar—who is known for his unimpeachable integrity and adherence to the highest standards of professional conduct—amounts to a misuse of authority and poses a serious threat to the independence of the legal profession.
“Mr. Datar is a respected Senior Advocate of unimpeachable integrity, who has consistently upheld the highest standards of professional conduct and legal ethics. To summon a senior member of the Bar for discharging his professional responsibility is a misuse of authority and an affront to the sanctity of the advocate’s role,” the statement read.
SCAORA underlined that the independence of the Bar and the judiciary are the twin pillars of India’s constitutional democracy, cautioning that coercive action against advocates for merely rendering legal opinions jeopardises the institutional framework of justice itself.
“When investigative agencies resort to coercive measures against advocates merely for giving legal opinions, they do not just target individuals – they strike at the institutional structure that ensures justice,” the association noted, adding that such interference undermines not just individual professionals, but the legal system at large.
Referring to legal precedents, SCAORA emphasised that the Supreme Court has consistently held that advocates cannot be held liable for the alleged actions of their clients solely based on the legal advice they offer.
The statement argued that equating legal opinion with criminal complicity is “constitutionally untenable and legally unjustifiable.”
According to an earlier report in The Economic Times, the ED had summoned Datar over legal advice he had rendered to Care Health Insurance in connection with employee stock ownership plans (ESOPs) linked to former Religare Enterprises chairperson Rashmi Saluja.
Although the summons was later withdrawn, SCAORA said it had registered a strong protest, describing the incident as “an arbitrary exercise of executive power” and “an overreach into the independence of the Bar and the Judiciary.”
The association warned that such actions send a chilling message to the legal fraternity and could paralyse the functioning of the justice delivery system.
“This move sends a chilling message to the legal community at large and threatens the foundational right of every citizen to receive independent legal counsel without fear or intimidation. If advocates can be subjected to coercive measures for providing legal advice, it would paralyse the functioning of the legal system and erode public confidence in the justice delivery mechanism,” the statement concluded.
In a sharply worded statement, the top bar body said the ED's action against Datar—who is known for his unimpeachable integrity and adherence to the highest standards of professional conduct—amounts to a misuse of authority and poses a serious threat to the independence of the legal profession.
“Mr. Datar is a respected Senior Advocate of unimpeachable integrity, who has consistently upheld the highest standards of professional conduct and legal ethics. To summon a senior member of the Bar for discharging his professional responsibility is a misuse of authority and an affront to the sanctity of the advocate’s role,” the statement read.
SCAORA underlined that the independence of the Bar and the judiciary are the twin pillars of India’s constitutional democracy, cautioning that coercive action against advocates for merely rendering legal opinions jeopardises the institutional framework of justice itself.
“When investigative agencies resort to coercive measures against advocates merely for giving legal opinions, they do not just target individuals – they strike at the institutional structure that ensures justice,” the association noted, adding that such interference undermines not just individual professionals, but the legal system at large.
Referring to legal precedents, SCAORA emphasised that the Supreme Court has consistently held that advocates cannot be held liable for the alleged actions of their clients solely based on the legal advice they offer.
The statement argued that equating legal opinion with criminal complicity is “constitutionally untenable and legally unjustifiable.”
According to an earlier report in The Economic Times, the ED had summoned Datar over legal advice he had rendered to Care Health Insurance in connection with employee stock ownership plans (ESOPs) linked to former Religare Enterprises chairperson Rashmi Saluja.
Although the summons was later withdrawn, SCAORA said it had registered a strong protest, describing the incident as “an arbitrary exercise of executive power” and “an overreach into the independence of the Bar and the Judiciary.”
The association warned that such actions send a chilling message to the legal fraternity and could paralyse the functioning of the justice delivery system.
“This move sends a chilling message to the legal community at large and threatens the foundational right of every citizen to receive independent legal counsel without fear or intimidation. If advocates can be subjected to coercive measures for providing legal advice, it would paralyse the functioning of the legal system and erode public confidence in the justice delivery mechanism,” the statement concluded.
Comments (0)
Leave a Comment