Ed Summon to Lawyers Supreme Court Hearing Updates CJI Br Gavai and Other Justices Bench – Amar Ujala Hindi News Live

The Supreme Court will hear the case on Monday, taking automatic cognizance of the lawyers being summoned by the Enforcement Directorate (ED) for giving professional legal opinion to the clients. A bench of Chief Justice BR Gavai, Justice K Vinod Chandran and Justice NV Anjaria will hear the case. This came out after the ED summoned senior lawyers Arvind Datar and Pratap Venugopal. The Supreme Court Bar Association (SCBA) and the Supreme Court Advocates-on-Cord Association (SCAORA) condemned the summons and described it as a disturbing tendency that has attacked the foundation of the legal profession. Bar bodies had urged the Chief Justice of India to take cognizance of the matter automatically.

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However, on 20 June, the ED directed its investigating officers not to issue summons to any lawyer of the accused facing money laundering. Also, it also said that if a lawyer seems mandatory to summons, then the permission of the Director of ED will have to be obtained for this. The ED issued a circular for the guidance of its regional offices, stating that no summer should be issued to any lawyer violating Section 132 of the Indian Evidence Act (BSA), 2023.

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Legal Profession An integral part of the process of justice administration

A bench of Justice KV Vishwanathan and Justice N. Kotishwar Singh said on 25 June that the legal profession is an integral part of the process of justice administration and allowing the clients to directly summon the lawyers who are allowed to directly summon the legal profession if given to the police or investigative agencies, the autonomy of the legal profession would be severely weakened. This will be a direct threat to the independence of justice administration. The bench had prepared some questions in this case. The bench said that since it is a direct impact on the justice administration, therefore, when he is a lawyer in the case, it seems to be prima facie unacceptable to call for questioning, and it should be considered further by the court.

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Top court raised questions

The bench had prepared some questions in this case. The bench asked, when a person is only associated with a case as a lawyer and is advising the party, can the investigating agency-corresponding agency or police directly call the lawyer for questioning? Another question was, assuming that the investigating agency or prosecution agency or police has a case that the role of the person is not only as a lawyer but much more than that, even then they should be allowed to send summons directly or should they be prescribed judicial monitoring for those extraordinary norms?

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