The Supreme Court has agreed to examine whether investigative agencies should obtain magistrate approval before summoning lawyers, especially in cases where the lawyer has merely rendered legal advice.
The observation came during the hearing of a suo motu case initiated after the Enforcement Directorate summoned Senior Advocates Arvind Datar and Pratap Venugopal over a legal opinion in the Care Health Insurance-Religare ESOP matter.
The Bench of CJI BR Gavai and Justice K Vinod Chandran sought suggestions from the SCBA, SCAORA and others, and posted the matter for hearing on August 12.
The Solicitor General Tushar Mehta opposed mandatory magistrate approval, calling it legally untenable.
