The Supreme Court initiated a suo motu case on ED summons to lawyers for advising clients.
Supreme Court Takes Suo motu Case on ED Summons to Senior Advocates
• The Supreme Court has taken a suo motu case against the summons issued by the Directorate of Enforcement (ED) to senior advocates for their legal advice.
• The case is scheduled for hearing before a three-judge Bench on July 14, the first working day after summer vacations.
• The case is a response to the ‘chilling effect’ summons had on the independence of the legal profession and the justice administration process.
• The court deprecated investigating agencies for directly summoning lawyers in relation to professional advice or help provided to their clients, arguing it would imperil the autonomy of the legal profession.
• The court has framed two questions to consider: whether probe agencies could directly summon and question lawyers on the professional advice they provide to their clients, and whether agencies could issue summons or require judicial oversight.