SC Slams ED: Lawyers Summoned for Legal Advice
CJI Warns of ”Chilling Effect” as ED Notices to Lawyers spark Concern
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New Delhi: The Chief Justice of India (CJI) has voiced serious concerns over the issuance of Enforcement Directorate (ED) notices to legal professionals, warning that such actions could have a “chilling effect” on the practice of law and the broader justice delivery system. The apex court has called for the framing of guidelines to address this issue, emphasizing that lawyers should not be summoned for rendering legal opinions.
Concerns Over ED Notices to Legal Professionals
The issue came to the forefront during a Supreme Court hearing where senior advocate Datar highlighted the potential repercussions of ED notices on legal practitioners. The CJI acknowledged these concerns, stating, “Guidelines should be framed.” This sentiment was echoed by Attorney General R Venkataramani and Solicitor General Tushar Mehta, who informed the court that the probe agency had been asked to refrain from issuing such notices to lawyers for their professional services.
“Attempts to Malign Institutions”
Attorney General Venkataramani clarified that he had spoken with ED officials and deemed the summons issued to lawyers as incorrect. Solicitor general Mehta concurred, stating, “Lawyers cannot be summoned for rendering legal opinions.” however, Mehta also pointed out that there were “attempts to malign institutions by creating false narratives.”
China, Turkey Examples Cited in Top Court
The gravity of the situation was underscored by senior advocate and Supreme Court Bar Association president Vikas Singh, who drew parallels with the legal landscapes in China and Turkey. Singh cautioned the Indian judiciary against following a path that could undermine the independence of the legal profession.
“india should not be going the way of other countries which cracked down on the independence of the legal profession,” Singh urged. He cited examples where, in Turkey, the entire bar association was disbanded, and China faced similar issues concerning legal professionals. The Supreme Court Bar Association president emphasized that the court should “set it down once and for all,” referencing pronouncements from the European Commission on Human Rights.
Risky Precedent and Impact on Justice Delivery
Advocates present during the hearing stressed that summoning lawyers,particularly for providing legal opinions,sets a dangerous precedent. They argued that such actions could create a climate of fear, deterring lawyers from offering honest and self-reliant advice.
“otherwise it will have a chilling effect on the whole justice delivery system. Lawyers will not be able to freely advise my lords,” one lawyer commented. Another added, “If this continues, it will deter lawyers from offering honest and independent advice.” The consensus among legal professionals is that a clear framework is needed to protect the integrity and independence of the legal profession, ensuring the continued efficacy of the justice delivery system.