Meenakshi Shukla
On 16th June, 2025, the Supreme Court Advocates-on-Record Association (SCAORA) issued a strong statement condemning the Enforcement Directorate (ED) for summoning Senior Advocate Arvind Datar in connection with a legal opinion he rendered. The association described the ED’s action as “unwarranted” and a sign of “investigative overreach” that undermines the independence of the legal profession and threatens the rule of law.
SCAORA, through its Honorary Secretary Nikhil Jain, expressed deep concern over the ED’s decision to issue a notice to Mr. Datar. The summons was related to a legal opinion he provided in the matter of Employee Stock Option Plans (ESOPs) granted to Rashmi Saluja, former Chairperson of Religare Enterprises, by Care Health Insurance. The ED is currently investigating whether the issuance of over 22.7 million ESOPs, valued at over ₹250 crore, violated regulatory norms or formed part of a larger financial irregularity.
SCAORA emphasised that Mr. Datar, a Senior Advocate known for his integrity and ethical conduct, was merely discharging his professional duties. The association warned that summoning a lawyer for legal advice creates a dangerous precedent. “This move sends a chilling message to the legal community and threatens every citizen’s right to independent legal counsel without fear or intimidation,” SCAORA stated.
The association also highlighted that the Hon’ble Supreme Court has repeatedly affirmed that legal professionals cannot be held liable for the acts of their clients when they provide legal advice. SCAORA stated that treating legal advice as criminal complicity is both “legally indefensible” and “constitutionally unacceptable.”
In its statement, SCAORA reiterated that the independence of the Bar and the judiciary are twin pillars of Indian constitutional democracy. “The effective functioning of courts depends on fearless and independent advocates,” the association said, adding that coercive actions against lawyers directly threaten judicial independence.
Although the ED later withdrew the summons, SCAORA lodged a formal protest against what it called an “arbitrary exercise of executive power.” Media reports suggest that Mr. Datar asserted his professional privilege and pointed out that lawyers cannot be compelled to disclose confidential legal advice. The incident has sparked widespread concern across the legal fraternity.
Click here to read SCAORA Statement
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