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ED sources said the agency was in the process of withdrawing the summons issued to Venugopal -- a repeat of what it did after a hue and cry was made out in another senior advocate Arvind Datar’s case | Photo Credit: SUSHIL KUMAR VERMA
The Supreme Court Advocates on Record Association (SCAORA) on Friday wrote to Chief Justice of India B R Gavai, drawing his attention to “deeply disquieting development” of Enforcement Directorate (ED) issuing summons to senior advocate Pratap Venugopal in a money laundering case, which has “serious ramifications for the independence of the legal profession.”
Venugopal was advocate on record supporting the grant of stock options to former Religare enterprises chairperson Rashmi Salujais, which is under ED scanner in the Prevention of money laundering case.
ED sources said the agency was in the process of withdrawing the summons issued to Venugopal -- a repeat of what it did after a hue and cry was made out in another senior advocate Arvind Datar’s case.
SCAORA president Vipin Nair wrote to the CJI, stating that on the “deeply disquieting development” having “serious ramifications for the independence of the legal profession and the foundational principle of lawyer-client confidentiality.”
Through the letter, Nair urged the CJI to take suo moto cognisance of the matter and examine the issue of “the legality and propriety of such summons issued to legal professionals for opinions rendered in good faith.”
“It has come to our notice that senior advocate Pratap Venugopal, has received on June 19, a summons dated June 18, by ED under Section 50 of the Prevention of Money Laundering Act (PMLA) in its investigation into the Employee Stock Option Plan (ESOP) granted by M/s Care Health Insurance Ltd for a purported legal opinion rendered by senior advocate Arvind Datar, wherein Pratap Venugopal, was the advocate-on-record, supporting the grant of stock options to former Religare enterprises chairperson Rashmi Saluja,” the letter said.
The section 50 of the PMLA empowers agency with “powers of authorities regarding summons, production of documents and to give evidence, etc.”
Venugopal, the letter said, was directed to appear before the ED on June 24. He enjoys respect in the legal fraternity for his “impeccable” sincerity and professional commitment.
Nair also wrote that a similar notice was earlier issued by the ED to senior advocate Arvind Data, but was withdrawn subsequently.
“These actions, by the ED, we believe, amount to an impermissible transgression of the sacrosanct lawyer-client privilege, and pose a serious threat to the autonomy and fearless functioning of advocates,” the SCAORA President insisted.
“Such unwarranted and coercive measures against senior members of the bar for discharge of professional duties set a dangerous precedent, potentially resulting in a chilling effect across the legal community,” he underscored.
A lawyer’s role to offer legal advice, argued the SCAORA, was privileged and protected, and the interference of investigative agencies into this relationship without just cause and contrary to established legal norms, struck at the heart of the rule of law.
Such interventions could dissuade advocates from rendering honest, independent opinions in the discharge of their duties, the bar body said.
Published on June 20, 2025
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