ED Bans Summons to Advocates Without Director’s Approval | Upholds Legal Privilege Under BSA, 2023

📰 ED Bans Summons to Advocates Without Director’s Approval | Upholds Legal Privilege Under BSA, 2023

Enforcement Directorate Issues Guidelines to Protect Lawyer-Client Confidentiality and Legal Independence

🏛️ New Delhi | June 22, 2025

In a major move upholding the principles of legal professional privilege, the Enforcement Directorate (ED) has officially barred its officers from issuing summons to advocates over legal opinions without prior written approval from the Director. This action comes in light of the controversy surrounding recent ED summons to senior advocates, and the application of Section 132 of the Bhartiya Sakshya Adhiniyam (BSA), 2023.

"No summons shall be issued to any advocate in violation of Section 132 of the BSA, 2023," reads the circular posted on ED's official X handle.

📜 What Does Section 132 of the BSA, 2023 Say?

Section 132 of the Bhartiya Sakshya Adhiniyam protects communications between a client and their advocate. It ensures that:

🔒 Advocates cannot be compelled to disclose:

• Legal advice rendered to clients
• Any documents or communications shared during the course of legal service

🚫 However, exceptions exist:

• If the communication furthers an illegal act
• If facts observed indicate a crime or fraud

⚠️ Even in these cases, the ED must obtain written permission from its Director before issuing any summons.

🔥 What Sparked the Circular?

Earlier this month, Senior Advocates Arvind P. Datar and Pratap Venugopal were issued summons by ED for their professional advice on an ESOP transaction involving Care Health Insurance and Dr. Rashmi Saluja, former chairperson of Religare Enterprises.

🚨 The legal fraternity reacted sharply:

• Bar Councils, law associations, and senior jurists called the move an attack on legal independence.
• There were calls for Supreme Court intervention to safeguard lawyer-client privilege.
• The ED eventually withdrew the summons, signaling reconsideration.

📌 Why This Circular is Important

✅ Protects Advocate-Client Privilege: Reinforces the sacred nature of legal advice.
✅ Limits Arbitrary Use of Power: Ensures that investigative bodies follow due process.
✅ Strengthens Rule of Law: Balances investigative authority with professional ethics and privacy.
✅ Precedent for All Investigative Agencies: May guide other central agencies like CBI, SFIO, and Income Tax.

🔍 ED Bans Summons to Lawyers for Legal Opinions | Section 132 BSA 2023 Explained

The Enforcement Directorate (ED) has issued a circular prohibiting summons to advocates without the ED Director’s nod, citing Section 132 of the Bhartiya Sakshya Adhiniyam (BSA), 2023. Legal professional privilege upheld.

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