Srinagar, Dec 24: The High Court of Jammu and Kashmir and Ladakh on Wednesday stayed the operation of an FIR registered against a practising lawyer at Police Station Beerwah in Budgam district, while issuing summons to the concerned Assistant Public Prosecutor.
The FIR, bearing No. 164/2025 dated December 10, 2025, was registered under Sections 132 and 351 of the Bharatiya Nyaya Sanhita at Police Station Beerwah on the basis of a written complaint filed by Assistant Public Prosecutor Asiya Farooq against Advocate Parvaiz Ahmad Rather.
During the hearing, counsel for the petitioner, Advocate Asif Bhat, submitted that the FIR was false, fabricated, and devoid of any substantive or credible material. He argued that the case was registered on the basis of vague, unfounded, and omnibus allegations with the sole objective of harassing and maliciously prosecuting the petitioner, despite his having no active or passive role in the alleged incident.
The petitioner’s counsel further contended that the allegations were general, non-specific, and bald in nature, making them inherently improbable and unacceptable to any prudent person.
After hearing the arguments, Justice Sanjay Dhar stayed the operation of the FIR. The court observed that if any untoward incident had occurred within the court premises, the appropriate course for the complainant was to approach the Presiding Officer of the concerned court for necessary action.
The court further noted that even if any misconduct on the part of the advocate was assumed, the proper remedy lay in approaching the Bar Council, rather than initiating criminal proceedings against a practicing lawyer. [KNT]
