The Supreme Court Advocates-on-Record Association (SCAORA) has strongly objected to a summons issued by India’s Enforcement Directorate (ED) to senior counsel Arvind Datar, who had provided legal advice to Care Health Insurance in an ESOP-related matter. SCAORA argues that targeting lawyers for offering legal opinions undermines both the independence of the legal profession and the rule of law.
In its statement, SCAORA emphasized that legal advice should not be conflated with criminal liability. Such actions, it warned, create a chilling effect that could discourage lawyers from fulfilling their professional duties and erode public trust in the justice system.
While the ED has said Datar’s appearance is not required at this time, legal experts caution that summoning advocates over professional opinions reflects a dangerous overreach of investigative powers.