Jammu and Kashmir High Court rules advocates are not above the law

The Jammu and Kashmir and Ladakh High Court has ruled that being an advocate does not place an individual above the law. Justice Sanjay Parihar issued this direction while disposing of a petition filed by Wasim Ahmad Reshi.

Reshi, a lawyer, challenged repeated summons by the police during an investigation involving the Protection of Children from Sexual Offences (POCSO) Act and Section 137 of the Bharatiya Nyaya Sanhita (BNS) regarding kidnapping. The petitioner alleged he faced intimidation and harassment through repeated calls to the police station without due process.

The Court observed that as officers of the court, lawyers are expected to provide lawful assistance to investigating agencies to help bring the truth to light. However, the Court also cautioned the police to strictly follow prescribed legal procedures whenever they require the presence or assistance of an advocate during an investigation.