The Enforcement Directorate “is crossing all limits”, the Supreme Court on Monday said that it expressed serious concern over the agency to give legal advice or to call advocates to represent customers during investigation. It also called for guidelines on this matter.
A top court bench of Chief Justice Brai and Justice’s Vinod Chandran’s bench came during a hearing a Suo Motu hearing launched by the court to address the implications of such works on the freedom of the legal profession.
“Communication between a lawyer and customers is a privileged communication and how notices can be issued against them … they are all crossing the boundaries,” the CJI said.
“The guidelines should be implicated,” the CJI stated that responding to the presentations that recently the ED notice may have a cool effect on the practice of law to legal professionals such as senior advocate Arvind Datar.
Attorney General R Venkatarmani and Solicitor General Tushar Mehta said the issue was taken at the highest level and the investigating agency has been asked not to issue notice to the lawyers for giving legal advice.
The Solicitor General said, “Lawyers cannot be called to give legal opinion.”
However, he said that an attempt has been made to ugly the institutions by creating false narratives.
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