“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” records a strongly worded statement released by the Supreme Court Advocates on Record Association (SCAORA), which unequivocally condemned the Enforcement Directorate (ED) for issuing a notice to Senior Advocate Arvind Datar in relation to a legal opinion provided by him in the course of his professional duties.

The ED's summons, though now withdrawn, has been characterized by the SCAORA as an “investigative overreach that threatens the independence of the legal profession and undermines the very foundation of the rule of law.”

Deeming the independence of the judiciary and the independence of the Bar as twin pillars of our constitutional democracy, SCAORA reiterated that the effective functioning of courts would only be possible with fearless and independent advocates. Thereby calling out such coercive measures against advocates merely for giving legal opinions, SCAORA emphasized that the ED’s actions extend far beyond an attack on an individual advocate. “This is not merely about targeting individuals,” the Association stated, “but about striking at the very institutional structure that upholds justice.”

The statement also points out the intervention of the Supreme Court, where it has held that advocates are not liable for the alleged acts of their clients simply for rendering legal opinions, thus calling out the action of the ED as constitutionally untenable and legally unjustifiable.

Further, the statement also records that such 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.

While acknowledging that the ED’s summons to Mr. Datar has since been withdrawn, the Association nonetheless registered its strong protest against what it termed an arbitrary and unacceptable exercise of executive power, an overreach that, in its view, undermines the independence of both the Bar and the Judiciary.