New Delhi, Jun 20 (PTI) The Enforcement Directorate (ED) on Friday said it has directed its investigating officers not to issue summons to any advocate in violation of the lawyer-client privilege under the Bhartiya Sakshya Adhiniyam and any exception to this can be made only after "approval" by the agency's director.

The statement from the federal probe agency came in the wake of the controversy following issuance of summons to senior Supreme Court lawyers Arvind Datar and Pratap Venugopal which was condemned by the Supreme Court Advocates on Record Association (SCAORA) even as it sought the Chief Justice of India (CJI) to take suo motu cognisance of the matter.

The ED, the central agency tasked with combating money laundering crimes, said in a statement that it has issued a circular for the guidance of the field formations which says that "no summons" shall be issued to any advocate in violation of Section 132 of the Bhartiya Sakshya Adhiniyam, 2023.

"Further, if any summons needs to be issued under the exceptions carved out in proviso to section 132 of the BSA, 2023, the same shall be issued only with the prior approval of the Director, ED," the ED said.

This section on "professional communications" states that no advocate shall at any time be permitted, unless with his client's express consent, to disclose any advice or communication made to him in the course of his service. This provision is also commonly known as lawyer-client privilege.

The ED said the summons issued to Venugopal was in his capacity as the independent director of a company and it has been "withdrawn". This has been communicated to him.

"In the said communication, it has also been stated that if any documents will be required from him in his capacity as an independent director of CHIL, the same will be requested from him to be submitted by email," the agency said.

In the case of the summons issued against Datar, agency sources said the summons against him was not withdrawn but kept in abeyance and no new such notice will be issued to him.

Providing a background to the summons issued to Venugopal for appearance before the investigating officer on June 24, the ED said the case pertains to a money laundering probe being conducted by its Mumbai zonal office.

It has been alleged that shares of Care Health Insurance Ltd (CHIL) were issued at a much lower price in the form of ESOPs (Employee Stock Ownership Plan) on May 1, 2022, in spite of the rejection of the same by Insurance Regulatory and Development Authority of India (IRDAI).

As part of investigation, it said, a summons was issued to Venugopal, an independent director of CHIL, to understand the circumstances under which the company has issued the ESOPs despite its rejection by IRDAI and subsequent discussions in the board of CHIL in this regard.

"It is also pertinent to note that IRDAI on 23.07.2024 has directed the CHIL to revoke or cancel any ESOPs that have yet to be allotted and has also imposed a penalty of Rs 1 crore on CHIL for non-compliance with regulatory directions," the ED said. PTI NES ZMN