NEW DELHI: The Supreme Court Advocates-on-Record Association (SCAORA) on Monday expressed its strong disapproval and unequivocal condemnation of the Enforcement Directorate's recent move to issue a notice to senior advocate Arvind Datar in connection with a legal opinion rendered by him in the course of his professional duties.
"This action by the ED is not only unwarranted but reflects a disturbing trend of investigative overreach that threatens the independence of the legal profession and undermines the very foundation of the rule of law," the Association led by its president Vipin Nair said.
It stated Datar is a respected senior advocate of unimpeachable integrity, who has consistently upheld the highest standards of professional conduct and legal ethics.
"To summon a senior member of the Bar for discharging his professional responsibility is a misuse of authority and an affront to the sanctity of the advocate's role," the statement said.
The summons were reportedly issued to Datar in connection with the ED's investigation into the Employee Stock Option Plan (ESOP) granted by Care Health Insurance to former Religare Enterprises chairperson Rashmi Saluja.
The statement issued on behalf of SCAORA by its secretary Nikhil Jain said the independence of the judiciary and the independence of the Bar are twin pillars of our constitutional democracy. The effective functioning of courts is impossible without fearless and independent advocates.
"When investigative agencies resort to coercive measures against advocates merely for giving legal opinions, they do not just target individuals they strike at the institutional structure that ensures justice. Undermining the professional independence of advocates ultimately threatens the judiciary's independence itself, as both stand or fall together," it said.
The association also asserted the Supreme Court has, time and again, held that advocates are not liable for the alleged acts of their clients simply for rendering legal opinions.
"The ED's action conflates legal advice with criminal complicity, a proposition that is constitutionally untenable and legally unjustifiable," it said.
The association also said the move sends a chilling message to the legal community at large and threatens the foundational right of every citizen to receive independent legal counsel without fear or intimidation.
"If advocates can be subjected to coercive measures for providing legal advice, it would paralyse the functioning of the legal system and erode public confidence in the justice delivery mechanism," it said.
Even though the said summon issued against Datar has been withdrawn by the ED subsequently, SCAORA lodges it's strong protest against the arbitrary exercise of executive power by the agencies, which is considered as an outreach over the independence of Bar and the judiciary, the association said.
