Court Says Lawyers Must Cooperate With Investigating Agencies, But Police Must Strictly Adhere to Legal Procedure
Srinagar Sep 12 :
The High Court of Jammu & Kashmir and Ladakh has observed that merely being an Advocate does not place a person above the law, while simultaneously directing the Police to strictly follow due process when seeking a lawyer’s presence or assistance during an investigation.
The observation was made while hearing a petition filed by an Advocate, who alleged that he was being intimidated and repeatedly summoned to a Police Station in connection with an investigation concerning an alleged missing minor and offences registered under the Bharatiya Nyaya Sanhita (BNS) and the Protection of Children from Sexual Offences (POCSO) Act.
During the proceedings, the Police informed the Court that the petitioner had drafted an affidavit on behalf of the alleged victim. According to the Police, the contents of the affidavit indicated that the minor had been in contact with the Advocate, prompting the investigating agency to seek information from him regarding her whereabouts.
Considering the circumstances placed before it, Justice Sanjay Parihar observed that it could not be concluded that the Police had acted outside the process of law in seeking the Advocate’s assistance.
The Court remarked, “Merely because the petitioner is an Advocate does not place him above the law.”
The High Court further observed that an Advocate, as an officer of the Court, is expected to extend lawful assistance to the Investigating Agency so that the truth in the matter can be brought to light.
At the same time, the Court stressed that the Police are equally bound by the law and cannot bypass the prescribed procedure while seeking the presence or assistance of a lawyer.
The Court made it clear that the investigating authorities are “equally required to act strictly within the four corners of law” and must scrupulously follow the procedure prescribed under law in any such circumstances.
The High Court ultimately disposed of the petition with a direction that if the Advocate’s assistance is required in the future, the Police shall seek it strictly in accordance with law and due procedure.
The ruling thus underlines a balance between an Advocate’s duty to assist a lawful investigation and the Police’s obligation to ensure that investigative steps are carried out within the framework of the law.(KNC)