The Supreme Court has initiated a suo motu proceeding to examine the legality and implications of investigating agencies summoning advocates who provide legal opinions or represent accused persons during criminal investigations.
The matter, titled In Re: Summoning Advocates who give Legal Opinion or Represent Parties During Investigation of Cases and Related Issues, is scheduled to be heard on July 14, 2025, by a Bench led by Chief Justice of India BR Gavai, and comprising Justices K Vinod Chandran and NV Anjaria.
The move follows recent controversy surrounding the Enforcement Directorate’s (ED) issuance of summons to Senior Advocates Arvind Datar and Pratap Venugopal. The summons were issued in connection with the ED’s investigation into the alleged irregular grant of over 22.7 million Employee Stock Option Plans (ESOPs) valued at over ₹250 crore by Care Health Insurance to former Religare Enterprises Chairperson, Rashmi Saluja.
Following the backlash, the ED withdrew the summons issued and subsequently issued an internal circular instructing all field offices not to summon advocates, except under statutory exceptions permitted by Section 132. The agency further clarified that such summons, where necessary, would now require the prior approval of the ED Director.