Supreme Court Advocates Assn. Lambasts ED for Issuing Notice to Adv. Arvind Datar on Basis of Legal Opinion to Client [Read Notification]
The SCAORA maintained that the Enforcement Directorate’s move sends a chilling message to the legal community and threatens every citizen’s right to seek independent legal counsel without fear of intimidation.
![Supreme Court Advocates Assn. Lambasts ED for Issuing Notice to Adv. Arvind Datar on Basis of Legal Opinion to Client [Read Notification]](https://images.taxscan.in/h-upload/2025/06/18/2050084-supreme-court-advocates-assn-lambasts-ed-notice-adv-arvind-datar-taxscan.webp "Supreme Court Advocates Assn. Lambasts ED for Issuing Notice to Adv. Arvind Datar on Basis of Legal Opinion to Client [Read Notification]")
The Supreme Court Advocates-on-Record Association (SCAORA) has issued a forceful condemnation of the Enforcement Directorate’s now-withdrawn summons to Senior Advocate Arvind Datar. The SCAORA called the move an arbitrary exercise of executive power that undermines the rule of law and threatens the very independence of the legal profession. Want a deeper insight into the Income...
The Supreme Court Advocates-on-Record Association (SCAORA) has issued a forceful condemnation of the Enforcement Directorate’s now-withdrawn summons to Senior Advocate Arvind Datar. The SCAORA called the move an arbitrary exercise of executive power that undermines the rule of law and threatens the very independence of the legal profession.
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The summons was issued in relation to a legal opinion rendered by Sr. Adv. Datar in the course to a client.
The issue arose in connection with an ED probe into allegedly “illegal gains” made by former Religare Enterprises chairperson Rashmi Saluja, who was granted Employee Stock Ownership Plans (ESOPs) by Care Health Insurance Ltd. (CHIL), a subsidiary of Religare.
During the procedure of acquiring corporate approvals for the ESOPs, the company reportedly sought legal advice from Adv. Datar and retired IAS officer J. Hari Narayan. The ED maintained in their complaint to the Mumbai Police that these legal opinions were instrumental in allowing the ESOPs to be issued despite regulatory hurdles from IRDAI due to Saluja's capacity as a non-executive chairperson of Care Health Insurance.
On June 16, 2025, SCAORA President Vipin Nair and Secretary Nikhil Jain issued a formal letter denouncing the action undertaken by ED against Adv. Datar.
In the strongly worded letter, SCAORA emphasized that summoning a senior member of the Bar for merely rendering a legal opinion sets a dangerous precedent and provokes the professional responsibilities that advocates carry.
The Association asserted that Adv. Datar, a senior advocate of unimpeachable integrity, was targeted for discharging a professional duty that has long been upheld as constitutionally protected.
“This action by the ED is not only unwarranted but reflects a disturbing trend of investigative overreach that threatens the independence of the legal profession and undermines the very foundation of the rule of law.” SCAORA declared.
Though the summons was withdrawn on June 14, SCAORA reiterated its strong protest against the “arbitrary exercise of executive power by the agencies” as an outreach over the independence of the Bar and the Judiciary.
The condemnation was later echoed by the Madras Bar Association and other senior members of the legal fraternity, who warned that such actions by investigative agencies risk paralysing the legal system.
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A source close to Sr. Adv. Datar disclosed to Taxscan that he is is abroad and has opted not to comment on the matter at the time
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