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ED Withdraws Venugopal Summons and Tightens Rules on Lawyer Summons

The directive follows widespread bar association protests over perceived violations of lawyer-client privilege after ED summons to senior advocates.

The summons pertained to the ongoing investigation into the allotment of Employee Stock Option Plans (ESOPs) by Care Health Insurance. (HT photo)
Image
Advocates Arvind Datar (left) and Pratap Venugopal. | | Representational image | Suraj Singh Bisht | ThePrint
Supreme Court of India. (PTI File Photo)

Overview

  • The ED withdrew its June 19 summons to senior advocate Pratap Venugopal, which had sought his evidence in a money laundering probe of Care Health Insurance’s undervalued ESOP grant.
  • A new circular bars field investigators from summoning any advocate in violation of Section 132 of the Bharatiya Sakshya Adhiniyam, 2023 without the prior approval of the ED Director.
  • The withdrawn notice to Venugopal was issued in his capacity as an independent director of CHIL to explore board discussions on ESOPs previously rejected by the IRDAI.
  • The ED stated that any documents required from Venugopal in his director role will now be requested via email rather than through coercive summons.
  • Legal bodies including the Supreme Court Advocates-on-Record Association, the Supreme Court Bar Association and the Bar Association of India had condemned earlier summonses to Venugopal and Arvind Datar as undermining professional independence and privilege.