Officers told to get director’s approval before sending summons to lawyers: ED
The circular to the federal agency’s field formations came hours after ED withdrew the summons issued to two senior lawyers were withdrawn
NEW DELHI: The Enforcement Directorate (ED) on Friday said it has directed its investigating officers not to issue summons to any advocate in violation of the protection extended to advocate-client privileges under Section 132 of the Bhartiya Sakshya Adhiniyam (BNS) and stipulated that summons could only be issued to lawyers under the exceptions provided in the law after the director’s approval.
The circular to the federal agency’s field formations came hours after ED withdrew the summons issued to two senior lawyers, Arvind Datar and Pratap Venugopal, after the Supreme Court Advocates on Record Association (SCAORA) asked Chief Justice of India Bhushan R Gavai to take up the case.
Section 132 of BNS protects the advocate-client privilege and bars lawyers from disclosing communications between them and their clients. However, the section provides for three exceptions when this protection from disclosure shall not apply.
In a statement, ED said Friday’s circular was issued for guidance of field formations on Section 132 of BNS. “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 agency statement said.
The agency also clarified that the summons were issued to Venugopal in his capacity as independent director of Care Health Insurance Ltd (CHIL), and not as a lawyer.
“In view of the fact that Pratap Venugopal is a Senior Advocate in the Supreme Court, the summons issued to him has been withdrawn and same has been communicated to him,” ED said.
“In the said communication, it has also been stated that if any documents will be required from him in his capacity as an independent director of CHIL, the same will be requested from him to be submitted by email,” the agency said.
The financial crimes probe agency is looking into money laundering allegations in connection with a case in which shares of Care Health Insurance Ltd (CHIL) were issued at a much lower price in the form of ESOPs on May 1, 2022, despite the rejection of the same by Insurance Regulatory and Development Authority of India (IRDAI).
