The Supreme Court Advocates-on-Record Association (SCAORA) on Monday expressed “strong disapproval and unequivocal condemnation” of the Enforcement Directorate’s recent notice to Arvind Datar, a senior advocate and eminent jurist, in connection with a legal opinion rendered by him in the course of his professional duties.
The ED issued the notice to Datar for legal opinion rendered by him to Care Health Insurance relating to the employees’ stock option (ESOP) policy, on a purely lawyer-client fiduciary relationship basis.
“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. Datar is a respected senior advocate of unimpeachable integrity who has consistently upheld the highest standards of professional conduct and legal ethics. To summon a senior member of the Bar for discharging his professional responsibility is a misuse of authority and an affront to the sanctity of the advocate’s role,” SCORA said in a statement.
The association said the independence of the judiciary and the Bar were twin pillars of constitutional democracy, and effective functioning of courts is impossible without independent advocates.