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Why ED summons to lawyers in Esops case sparked storm

Mint Kolkata

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June 25, 2025

The Directorate of Enforcement's recent summons to senior advocate Arvind Datar and advocate Pratap Venugopal in connection with its investigation into stock options granted to former Religare Enterprises chairperson Rashmi Saluja sparked deep concern within India's legal community.

- Krishna Yadav

Though ED withdrew the notices after mounting criticism and backlash, the episode has reignited the debate on the sanctity of attorney-client privilege, the independence of legal advice, and the limits of investigative overreach.

Mint explains the controversy, the key legal flashpoints and the broader implications for lawyer-client confidentiality in high-stakes corporate investigations.

What is the case about?

From 2021 to 2023, Care Health Insurance, a subsidiary of Religare Enterprises Ltd, granted 22.71 million stock options valued at over ₹250 crore to Rashmi Saluja, who was the non-executive chairperson of Care and executive chairperson of Religare.

This violated the insurance regulator's 2018 circular capping the remuneration of non-executive directors at ₹10 lakh, unless prior approval was secured. Even after specific instructions from the regulator in May 2022 not to proceed without approval, Care went ahead.

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