October 31, 2025

In an eye-catching and bold move, the Supreme Court on Thursday slammed the brakes on the Enforcement Directorate's summons issued to two senior lawyers. This crackdown happened in a money laundering case where top advocates Arvind Datar and Pratap Venugopal were called for questioning. But the Court’s new verdict protects lawyers from aggressive probe agencies, making sure the legal profession stays safe from unnecessary pressure. A bench led by Chief Justice B R Gavai, along with Justices K Vinod Chandran and N V Anjaria, declared that probe agencies cannot summon lawyers seeking details about their clients unless the law clearly allows it. Justice Chandran said the bench wanted to "harmonise the exemption to the rule" protecting advocates, and issued fresh guidelines to safeguard the legal profession. The court also made it crystal clear that digital devices like phones or computers of lawyers can be seized only with permission from a jurisdictional court. Even then, these devices can be checked only in the lawyer’s presence and after objections from the lawyer are heard and rejected. The Court set aside the Enforcement Directorate’s earlier summons to Datar and Venugopal, explaining that these went against the fundamental rights of the accused people who trust their advocates. The bench said, "The summons could result in infringement of the fundamental rights of the accused who had reposed faith in the lawyer," calling such summons a violation of important legal safeguards. It insisted that "Investigating authorities shall not issue summons to any advocate seeking details of the client, unless it is covered under the exceptions in Section 132," citing the Bhartiya Sakshya Adhiniyam, 2023 – the new Evidence Act replacement. The whole judgement is yet to be published, but the impact is clear: the Supreme Court is standing up big time for lawyers and their rights. Earlier on August 12, the bench had already hinted at its firm attitude, calling itself the "custodian of all citizens in the country" while discussing the concerns around probe agencies questioning lawyers. This suo motu case started after the ED summoned these senior lawyers, sparking angry reactions from the Supreme Court Bar Association (SCBA) and the Supreme Court Advocates-on-Record Association (SCAORA). They slammed the move as a "disturbing trend" undermining the legal profession. To cool things down, the ED on June 20 sent out internal orders stopping its officers from summoning lawyers in money laundering cases without the Director’s prior approval and strict following of Section 132 of the Bhartiya Sakshya Adhiniyam. In short, the Supreme Court has raised its shield to defend legal warriors, ensuring that investigating agencies tread carefully and respect the sacred bond between a lawyer and their client. A win for justice and the legal world indeed!

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Tags: Supreme court, Enforcement directorate, Lawyers, Money laundering, Legal protection, Section 132,