New Delhi | June 16, 2025
The Supreme Court Advocates-on-Record Association (SCAORA) has sharply criticized the Enforcement Directorate (ED) for summoning Senior Advocate Arvind Datar in connection with a corporate legal opinion he provided, calling it a “chilling message to the legal community.”
The association said the move threatens the sanctity of legal counsel and undermines the professional independence that forms the foundation of the justice system.
Background
Mr. Datar, one of India’s most respected senior advocates, had rendered a legal opinion concerning Employee Stock Option Plans (ESOPs) linked to a corporate executive currently under investigation by the ED. The agency reportedly summoned him to probe the nature and impact of that legal opinion.
However, following criticism, the ED withdrew the summons—but not before triggering alarm among legal professionals nationwide.
In a strong statement, SCAORA said:
“The act of summoning a senior advocate for a legal opinion given in the course of professional duty sends a disturbing and chilling signal to the entire legal community.”
SCAORA emphasized that Mr. Datar has a reputation for impeccable integrity and professional conduct, and warned that holding lawyers liable for advice given in good faith undermines the rule of law.
Key Concerns Raised
• Legal privilege and professional immunity must be respected.
• Investigative scrutiny of lawyers for their opinions sets a dangerous precedent.
• The move could result in a climate of fear where lawyers are discouraged from advising on complex legal matters.
The association stated that unless boundaries are respected between investigative powers and legal privilege, the core of democratic justice could be compromised.
