
VEM : VAPS®-EPSCON-MKJ
June 20, 2025 at 03:42 PM
The Enforcement Directorate (ED) has withdrawn its summons to Senior Advocate Pratap Venugopal, issued in connection with a probe into the Employee Stock Option Plan (ESOP) granted by Care Health Insurance to former Religare Enterprises Chairperson Rashmi Saluja. The ED's action came after the Supreme Court Advocates-on-Record Association (SCAORA) strongly condemned the summons, terming it "an impermissible transgression of the sacrosanct lawyer-client privilege" and a "serious threat to the autonomy and fearless functioning of advocates" .
*Key Details:*
- *Summons Withdrawal*: The ED withdrew the summons with immediate effect, following SCAORA's letter to the Chief Justice of India, Justice BR Gavai, seeking suo motu cognizance of the matter.
- *Reason for Summons*: The ED had summoned Venugopal for records related to his communication with clients regarding the ESOP grant.
- *SCAORA's Reaction*: SCAORA President Vipin Nair described the ED's action as "a deeply disquieting development that imperils the foundational principle of lawyer-client privilege".
- *Implications*: The withdrawal is seen as a partial vindication for the legal community, but concerns linger over the implications of investigative agencies summoning advocates for professional opinions rendered in a fiduciary capacity .
*Similar Incident:*
- Senior Advocate Arvind Datar also received a summons from the ED over a legal opinion he provided to a client, which was later withdrawn. The Madras High Court Advocates' Association (MHAA) and Delhi High Court Bar Association (DHCBA) criticized the ED's move, calling it an "attack on legal independence" and "investigative overreach" .