ED Issues Circular: No Summons To Lawyers Without Prior Approval Of Director

The Enforcement Directorate (ED) on Friday announced that its investigating officers have been instructed not to issue summons to any advocate in violation of the lawyer-client privilege protected under the Bharatiya Sakshya Adhiniyam, 2023.

In a press note, the Enforcement Directorate stated that if it becomes necessary to issue summons to any lawyer, such action shall be taken only with the prior approval of the ED Director.

For context, Section 132 of the Bharatiya Sakshya Adhiniyam (BSA) codifies the principle of lawyer-client privilege. It states:

"No advocate, shall at any time be permitted, unless with his client's express consent, to disclose any communication made to him in the course and for the purpose of his service as such advocate, by or on behalf of his client, or to state the contents or condition of any document with which he has become acquainted in the course and for the purpose of his professional service, or to disclose any advice given by him to his client in the course and for the purpose of such service:”

“Further, if any summons needs to be issued under the exceptions carved out in proviso to section 132 of the BSA, 2023, the same shall be issued only with the prior approval of the Director, ED,” the ED said.

The statement from the Enforcement Directorate followed a controversy sparked by the issuance of summons to senior Supreme Court advocates Arvind Datar and Pratap Venugopal. The move was strongly condemned by the Supreme Court Advocates-on-Record Association (SCAORA), which also urged the Chief Justice of India to take suo motu cognisance of the issue.