In a statement on Monday, the association said: “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.” Last week, ET reported that Datar was called by the ED over his legal opinion concerning Esops (employee stock options) allocated to former Care Health Insurance chairperson Rashmi Saluja. Sources told ET that ED has communicated to Datar that his presence was not required as of now in the case and he will communicated later if required.
“Section 50 of the PMLA (Prevention of Money Laundering Act) empowers the agency to summon a person in a case. It doesn’t bar an advocate. While the client-advocate fiduciary relationship is something that probe agencies don’t get into but if there is something that they require a clarification on or if the statement could help them understand something, they could be asked to join the probe. The summoning here is in the capacity of a witness,” explained a senior advocate.
Attempts to reach Datar for comment went unanswered by press time. “This action by the ED is not only unwarranted but reflects a disturbing trend of investigative overreach that threatens the independence of the legal profession and undermines the very foundation of the rule of law,” the association said.
SCAORA emphasised that summoning a senior lawyer for discharging his professional responsibility is a misuse of power and an affront to the sanctity of the advocate’s role. The Supreme Court has repeatedly stated that advocates are not responsible for their clients’ actions when they simply give legal advice.
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