"Crossing All Limits": Top Court Raps Probe Agency Over Summons To Lawyers

Enforcement Directorate (ED) officials are "crossing all limits" and guidelines are required to stop this, Chief Justice of India BR Gavai said today, pulling up the central probe agency for issuing summons to lawyers over their advice to clients.

Pulling up Solicitor General Tushar Mehta and Additional Solicitor General SV Raju, the Chief Justice said, "We need some guidelines, this cannot go on like this. Enforcement Directorate officials are crossing all limits. In two other cases also, we had told ASG Raju not to open his mouth, otherwise we would have to give some comments."

The Supreme Court took note of the ED's summons to some senior advocates. Bar associations had earlier written to the Chief Justice and flagged the "chilling effect" such summons can have on the independence of the legal profession and the process of administering justice.

Senior Advocates Arvind Datar and Pratap Venugopal recently received ED summons for their advice to a client. The agency later withdrew the summons and issued a letter, stating that lawyers cannot be summoned in the future without the ED director's nod.

Earlier, on June 25, a bench of Justice KV Vishwanathan and Justice N Kotiswar Singh, hearing a case from Gujarat, had expressed concern over police and probe agencies summoning lawyers and referred the matter to the Chief Justice.

"This is not just about one lawyer. It is about protecting the legal system. Such summons are prima facie untenable," the court had noted. "What is at stake is the efficacy of the administration of justice and the capacity of the lawyers to conscientiously, and more importantly, fearlessly discharge their professional duties."

Responding to the Chief Justice's remarks today, Solicitor General Mehta said a "well-planned effort" is underway "to fabricate a story about an institution". He also said, "Please do not pay attention to interviews and news." The Centre's top lawyer, however, agreed that a lawyer cannot be summoned for his legal advice to a client.

The ED also came under fire in another case in the Supreme Court today. Rejecting the ED's summons to Karnataka Chief Minister Siddaramaiah's wife Parvati in connection with the alleged Mysuru Urban Development Authority, or MUDA, land scam, the Chief Justice made sharp observations on the central agency.

"Mr Raju. Please don't ask us to open our mouth. Otherwise, we will be forced to make some harsh comments about the ED. Unfortunately, I have some experience in Maharashtra... let political battles be fought before the electorate. Why are you being used," the Chief Justice said.