Advocates Should Be Summoned Only In Rare And Exceptional Circumstances: Delhi High Court Cautions DRI

The Delhi High Court has observed that advocates should be summoned only in "rare and exceptional circumstances" after disposing of a plea challenging a Directorate of Revenue Intelligence (DRI) summons issued to a lawyer who had rendered a legal opinion to a client.

The Division Bench of Justices Anil Kshetarpal and Amit Mahajan disposed of the petition after recording the DRI's submission that the impugned summons issued under Section 108 of the Customs Act, 1962 had already been withdrawn.

Petitioner, Advocate Lalitendra Gulani, had challenged the summons dated July 20, 2026, contending that it violated the Bharatiya Sakshya Adhiniyam, 2023, and constitutional protections by compelling him, in his professional capacity as an advocate, to appear before the DRI and disclose privileged communications with his client.

He had also sought framing of guidelines governing the issuance of summons to advocates for disclosure of legal opinions or professional communications.

Recording the DRI's submission that the summons had already been withdrawn, the Court observed,

"The present case concerns the issuance of summons under Section 108 of the Customs Act, 1962 to an Advocate who had rendered a legal opinion. Ordinarily, an Advocate ought to be summoned only in rare and exceptional circumstances."

While declining to pass any further directions in view of the withdrawal of the summons, the Bench cautioned the authorities to exercise due care in such matters.

"Since the Impugned Summons has already been withdrawn, no further orders are called for. However, the authorities are expected to exercise due care and caution while issuing summons to Advocates in such matters."

For Petitioner: Lalitendra Gulani in person.

For Respondent: Mr. Anurag Ojha, SSC