SCBA Passes Strong Resolution Condemning ED’s Summons to Senior Advocates

The Supreme Court Bar Association (SCBA) has issued a scathing resolution condemning the Enforcement Directorate (ED) for summoning and issuing notices to Senior Advocates Mr. Pratap Venugopal and Mr. Arvind Datar in connection with legal opinions rendered by them in the course of their professional duties.

In a resolution dated June 20, 2025, the SCBA expressed “deep anguish, concern and unequivocal condemnation” over what it termed as a disturbing trend undermining the independence of the legal profession and the constitutional sanctity of the Bar. The association noted that although the ED has since withdrawn the notices, the very act of issuance posed a serious threat to the foundational principles of India’s democratic and judicial framework.

The SCBA highlighted that these notices violate the professional privileges guaranteed under Section 132 of the Bhartiya Sakshya Adhiniyam (BSA), 2023. The section protects advocates from being compelled to disclose any confidential communication made with clients during the course of professional engagements.

“The issuance of such illegal Notices and summons to Senior Advocates and to the Advocate-On-Record reflect a disturbing trend,” the resolution stated, warning that such actions strike at the core of an independent Bar and Judiciary — “a core pillar of India’s Constitutional democracy.”

SCBA reiterated that the Supreme Court has consistently upheld the right of every individual to legal representation and that advocates cannot be targeted for providing legal advice.

Calling the ED’s actions “illegal, perverse and intimidatory,” the Bar Association also emphasized that the targeting of respected members of the Bar under the guise of investigation is an abuse of state power. It warned that harassment of legal professionals would not only be strongly opposed but also challenged in every legal and constitutional forum.

The resolution, signed by SCBA Honorary Secretary Ms. Pragya Baghel, concluded with a call to the ED to exercise restraint and to the Union Law Minister and Chief Justice of India to take cognizance of the matter and protect the autonomy and dignity of the legal profession.

“We demand that no such illegal summons/notices be issued to any advocate discharging professional duties,” the resolution firmly stated.

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Mariya Paliwala
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