"Officers Are Crossing All Limits": Supreme Court While Hearing Suo Motu Case On ED Summons To Lawyers

The Bench of Chief Justice of India BR Gavai and Justice K. Vinod Chandran remarked, " The officers are crossing all limits..."

Attorney General R. Venkataramani, Solicitor General Tushar Mehta, Senior Advocate Vikas Singh, Senior Advocate Mukul Rohatgi, and others appeared in the matter.

Senior Advocate Vikas Singh submitted, "It will have a chilling effect on the complete justice delivery system. If a lawyer is not free in giving advice..."

Senior Advocate Mukul Rohatgi submitted, "Advice can be right, advice can be wrong...", to which CJI Gavai said, "Even if it is wrong, it is a privileged communication."

Solicitor General Mehta said, "There is a concentrated effort to create a narrative against a particular institution. I am saying this not for ED… I am not from any political party. But if a politician is involved in a ₹3000 crore scam, even minor observations create a wrong impression."

The CJI responded, "I am seeing cases… politicisation of issues… ED is filing appeal after appeal only for the purpose of filing."

The SG replied, "There is narrative building. That is going on very purposefully and very decisively. Your Lordships must take cognizance and lay down guidelines."

When Justice Chandran asked, "How can you say we will be influenced by it?" the CJI remarked, "Have you seen any of our judgments on this… where we have said something?"

SG Mehta clarified, "I am not on ED at all. I'm talking about the wider issue."

CJI noted, "We are only restricted to lawyers here."

SG responded, "I bow down. Lawyers giving legal opinions cannot be summoned."

CJI added, "Nobody is taking it as adversarial. Ultimately, all of us are lawyers. We also get into arguments with you sometimes."

A counsel appearing for SCAORA submitted, "Mr Datar was in Spain when he called us… This is not just about Senior Advocates; advocates at district courts are suffering too."

The SG added, "Mr Datar's issue was brought to the notice of the highest executive, and the circular was issued within six hours."

The Bench has now listed the matter for hearing on July 29 and directed all parties to file a comprehensive note. Intervention applications were also allowed.

Background

The issue has gained prominence following instances where lawyers have reportedly been summoned by investigating agencies over legal advice given to clients, particularly in sensitive matters. In a previous hearing on June 26, 2025, a Bench comprising Justice K.V. Viswanathan and Justice N. Kotiswar Singh restrained Gujarat Police from summoning an advocate in connection with a case involving his client, and referred the broader issue to the Chief Justice of India.

The Court had then observed, "What is at stake is the efficacy of the administration of justice and the capacity of the lawyers to conscientiously and fearlessly discharge their professional duties… Subjecting the counsel in a case to the beck and call of the Investigating Agency/Prosecuting Agency/Police prima facie appears to be completely untenable."

It also stated, "Permitting the Investigating Agencies/Prosecuting Agency/Police to directly summon defence counsel or Advocates, who advise parties in a given case, would seriously undermine the autonomy of the legal profession and would even constitute a direct threat to the independence of the administration of justice."

The Bench noted that the issue raises serious constitutional questions concerning the legal profession’s role in the administration of justice and the protections available to advocates under Article 19(1)(g) and Section 132 of the Bharatiya Sakshya Adhiniyam.

Cause Title: In Re: Summoning Advocates who give legal opinion or represent parties during investigation of cases and related issues