Court underscores advocate’s duty to cooperate with investigation under lawful procedures in FIR related to POCSO and Bharatiya Nyaya Sanhita provisions
In a significant judgment dated September 9, 2026, the Jammu & Kashmir and Ladakh High Court, Srinagar bench, adjudicated a petition filed by Wasim Ahmad Reshi, an advocate, against the Union Territory of Jammu & Kashmir and others, concerning the procedures followed by police during the investigation of a First Information Report (FIR) registered under Section 137 of the Bharatiya Nyaya Sanhita, 2023, and Sections 4 and 5 of the Protection of Children from Sexual Offences (POCSO) Act.
The FIR No. 198/2026 was registered at Police Station Ramban following allegations involving a missing child who was reportedly in contact with the petitioner, an advocate who had drafted an affidavit on behalf of the alleged victim. The police, aiming to progress with the investigation, summoned the petitioner to assist in locating the victim and gather relevant information.
The petitioner contended that he faced intimidation and harassment by police during the investigation, alleging repeated summons without adherence to legal procedures. On the contrary, the respondents contended that the police acted within the ambit of law since the petitioner’s cooperation was sought based on information received about the victim’s whereabouts.
Justice Sanjay Parihar, after hearing both parties and examining the affidavit submitted by the respondents, emphasized that an advocate, as an officer of the Court, holds a legal obligation to assist investigating agencies in furtherance of justice. However, such assistance must be requested strictly in accordance with the law. The Court held that cooperation from the petitioner was necessary to ensure the truth emerges and offenders are brought to justice, but simultaneously directed the police to ensure strict compliance with procedural safeguards to prevent any misuse or harassment.
The Court acknowledged the petitioner’s submission that police calls to him had ceased post-filing of the petition but recognized the need to prevent potential future harassment. Accordingly, it disposed of the petition with a clear directive that any future summoning or seeking of assistance from the petitioner by the investigation agency must strictly comply with due process as prescribed by law.
This judgment highlights the delicate balance between the duties of legal professionals to aid investigations and the requirement of law enforcement agencies to adhere to procedural law, especially in sensitive cases involving child protection under POCSO.
Bottom Line:
An advocate, as an officer of the court, is obligated to cooperate with the investigating agency in the interest of justice, provided such cooperation is sought strictly in adherence to the procedure established by law.
Statutory provision(s):
Section 137, Bharatiya Nyaya Sanhita, 2023; Sections 4 and 5, Protection of Children from Sexual Offences (POCSO) Act, 2012
Wasim Ahmad Reshi v. UT of JK, (J&K and Ladakh)(Srinagar) : Law Finder Doc Id # 2975929
