Advocate not above the law: J&K High Court on lawyer's plea against police request for assistance

The High Court of Jammu & Kashmir and Ladakh recently observed that merely being an advocate does not place a person above the law and that, as an officer of the court, a lawyer is expected to render lawful assistance to an investigating agency when required [Wasim Ahmed Reshi V/s UT of JK and others].

At the same time, the High Court cautioned the police that they are equally bound to act strictly in accordance with law and directed the investigating agency to scrupulously follow the prescribed procedure whenever it seeks the presence or assistance of an advocate during an investigation.

“Merely because the petitioner is an advocate does not place him above the law. Rather, being an officer of the court and well versed with the legal position, he is expected to render such lawful assistance to the investigating agency as may be required so that the truth concerning the alleged offence is brought to light and, if an offence has indeed been committed, the offender is brought to justice. Such cooperation is in consonance with the administration of justice and the duties expected of an officer of the Court,” the High Court said.

The Court made the observations while dealing with a petition filed by a lawyer who had challenged repeated calls by the police in connection with a first information report (FIR) registered under Section 137 (kidnapping) of the Bharatiya Nyaya Sanhita (BNS) and for offences under the Protection of Children from Sexual Offences Act (POCSO Act).

Justice Sanjay Parihar observed that an advocate is an officer of the Court and, being well versed with the legal position, is expected to render lawful assistance to the investigating agency wherever required to bring the truth concerning an alleged offence to light.

In the present case, the petitioner, who is an advocate by profession, had drafted an affidavit on behalf of the alleged victim in kidnapping and POCSO case.

The High Court recorded that it was in connection with the investigation/enquiry arising out of the FIR that the petitioner was called upon to appear before the police.

The petitioner’s case before the High Court was that the police, under the guise of investigating the FIR, had subjected him to intimidation and harassment.

It was alleged that he was repeatedly called to the police station without adherence to the due process of law.

However, the police disputed the allegation, submitting that the affidavit indicated that the alleged victim had been in contact with the petitioner and that the police had sought information from him regarding her whereabouts.

The High Court observed that in these circumstances, it could not be said that the police had acted outside the process of law.

The Court directed that if the petitioner’s assistance or presence is required during the investigation, the same must be sought strictly in accordance with the procedure prescribed by law.

The petition was accordingly disposed of along with the connected applications.

The petitioner was represented by advocate Wani Manzoor.

The respondents were represented by advocate Harris Khan.

[Read Order]