New Delhi: The Supreme Court on Thursday quashed summons issued by the Enforcement Directorate (ED) to two senior advocates and laid down sweeping guidelines to protect lawyers from being questioned by investigative agencies over the legal advice given to their clients.
A bench comprising Chief Justice B. R. Gavai and Justices K. Vinod Chandran and N. V. Anjaria delivered the landmark verdict in a suo motu case initiated after the ED summoned senior advocates Arvind Datar and Pratap Venugopal in connection with a money laundering probe.
Pronouncing the verdict, Justice Chandran said the court aimed to “harmonise the exemption to the rule” that protects advocates under the law, ensuring they are not subjected to undue pressure while performing professional duties.
The court ruled that probe agencies cannot summon advocates seeking client-related details unless the request falls under specific exceptions provided by law. It further clarified that lawyers’ digital devices can only be seized with the permission of a jurisdictional court and must be opened in the presence of the advocate concerned, after objections have been duly addressed.
Setting aside the ED’s summons, the bench held that such actions infringed upon the fundamental rights of both the lawyers and the accused they represented. “The summons could result in the infringement of the fundamental rights of the accused who had reposed faith in the lawyer,” the bench observed, terming the ED’s move a violation of statutory protections.
Citing Section 132 of the Bhartiya Sakshya Adhiniyam, 2023—which replaced the Evidence Act—the court reaffirmed that communications between lawyers and their clients are privileged unless they fall within narrowly defined exceptions.
The verdict comes months after the ED’s decision to summon Datar and Venugopal drew sharp criticism from the Supreme Court Bar Association (SCBA) and the Supreme Court Advocates-on-Record Association (SCAORA), who called it a “disturbing trend” threatening the independence of the legal profession.
Following the backlash, the ED had already issued internal directions in June, requiring prior approval from its Director before any advocate could be summoned in money laundering cases.
The Supreme Court’s ruling now cements those protections, reinforcing the constitutional sanctity of lawyer-client privilege and setting a precedent to prevent harassment of legal professionals by investigative agencies.
