The Jammu & Kashmir and Ladakh High Court has held that merely being an advocate does not place a person above the law, while simultaneously directing the police to strictly follow legal procedure when seeking an advocate’s assistance during an investigation.
Justice Sanjay Parihar passed the order on September 9, 2026, while disposing of a petition filed by Wasim Ahmad Reshi. The Court examined the circumstances surrounding repeated calls by the police in connection with FIR No. 198/2026 registered at Police Station Ramban.
Background of the Case
The FIR was registered under Section 137 of the Bharatiya Nyaya Sanhita (BNS) and Sections 4/5 of the Protection of Children from Sexual Offences (POCSO) Act. The petitioner, an advocate, had drafted an affidavit on behalf of the alleged victim.
According to the petitioner, he was repeatedly called to the police station and was subjected to intimidation and harassment without following due process. The respondents disputed this, stating that the affidavit indicated that the alleged victim, who had been reported missing, had been in contact with the petitioner. The police therefore sought information regarding the alleged victim’s whereabouts.
Court’s Observation
The High Court found that, in the circumstances placed before it, the police could not be said to have acted outside the legal process.
"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."
At the same time, the Court stressed that the police must also remain within the limits prescribed by law.
Decision
The petitioner’s counsel informed the Court that the police had stopped calling him after the petition was filed and that the immediate cause of action no longer survived.
The High Court accordingly disposed of the petition, directing that if the petitioner’s assistance or presence was required during the investigation of FIR No. 198/2026, it must be sought strictly in accordance with the procedure prescribed by law.
Case Details
- Case Title: Wasim Ahmad Reshi v. UT of JK and Others
- Case Number: WP(C) 1948/2026
- Judge: Justice Sanjay Parihar
- Decision Date: September 9, 2026
