Bombay Bar Association slams ED summons to senior advocates, warns of legal action 

In a sharply worded assertion, the Bombay Bar Affiliation (BBA) has condemned the issuance of summons by the Enforcement Directorate (ED) to 2 distinguished Senior Advocates, Arvind Datar and Pratap Venugopal — in reference to an ongoing cash laundering investigation. Though the summons has since been withdrawn, the Affiliation mentioned the act itself represents a direct affront to the authorized career and the rule of regulation.  

Calling the transfer “a direct assault on the authorized group as a complete,” the BBA mentioned the incident has “shocked the collective conscience” of attorneys throughout India. The Affiliation expressed grave concern over what it views as a misuse of energy by the investigative company, warning that such actions threat setting a harmful precedent for the intimidation of advocates performing their skilled duties. 

“Advocates settle for any skilled task on the premise that throughout the course of such skilled work, they might not should face intimidation or threats of any type,” the assertion learn. It added that the rule of regulation can’t be preserved if advocates really feel threatened merely by representing shoppers. 

The Affiliation underlined that the powers of the ED, whereas statutory, should be exercised throughout the authorized framework of the nation, which incorporates protections enshrined within the Bharatiya Sakshya Adhiniyam, 2023 — significantly provisions safeguarding skilled and confidential communication between advocates and their shoppers. 

The BBA additionally linked the problem to broader constitutional values, noting that any interference with the authorized career undermines basic rights, together with the suitable to a good trial and authorized help beneath Article 21 of the Structure. “Any assault on an Advocate, direct or oblique, has the consequence of destroying these constitutional beliefs — a state of affairs which is antithetical to the rule of regulation in a democratic nation like India,” the assertion mentioned. 

In a pointed comment, the Affiliation mentioned: “Absolutely, this isn’t the Amrit Kaal,which we wish to see,” including that “classes in Constitutional regulation are required to be taught in regulation schools solely and to not officers of investigative businesses, every day by the revered Constitutional Courts.” 

Pledging full assist to any authorized skilled focused by overreach from investigative businesses, the Affiliation said that it’ll “depart no stone unturned” in defending the independence and dignity of the authorized career. It additionally indicated its readiness to provoke authorized proceedings earlier than Excessive Courts or the Supreme Court docket of India, if crucial. 

“The suitable to apply the authorized career is a basic proper,” the BBA emphasised, “and we will not hesitate to take each authorized step to protect and defend it.” 

The ED issued summons to the advocates throughout its probe into the grant of ₹250 crore value of Worker Inventory Possibility Plans (ESOPs) by Care Well being Insurance coverage to former Religare chairperson Rashmi Saluja. Mr. Datar had offered authorized opinion on the ESOPs, whereas Mr. Venugopal was the advocate-on-Document. Following the backlash from authorized our bodies, the ED withdrew the summons and issued a directive barring such notices to advocates with out prior approval from its Director, in step with Part 132 of the Bharatiya Sakshya Adhiniyam, 2023. 

The June 20, 2025, assertion issued by the ED mentioned, “In view of the truth that Shri Pratap Venugopal is a Senior Advocate within the Hon’ble Supreme Court docket, the summons issued to him has been withdrawn and identical has been communicated to him. Within the mentioned communication, it has additionally been said that if any paperwork can be required from him in his capability as an Unbiased Director of CHIL, the identical can be requested from him to be submitted by electronic mail.”   

The assertion additional mentioned that the ED has additionally issued a Round for the steerage of the sector formations that no summons shall be issued to any advocate in violation of Part 132 of the Bhartiya Sakshya Adhiniyam, 2023. “Additional if any summons must be issued beneath the exceptions carved out in proviso to part 132 of the BSA, 2023, the identical shall be issued solely with the prior approval of the Director, ED.”