If Police Not Immune To Criminal Prosecution, Advocates Are Also Not Immune: Gujarat High Court Refuses To Quash FIR Against Lawyer

Justice Nirzar Desai, who presided over the case, remarked, “If the police is not immune from criminal prosecution, the advocates are also not immune.”

Boghra had filed an application in the High Court seeking to quash the complaint against him. The petitioner had lodged an FIR concerning the stopping of a vehicle with a police sticker and black film on it running in the BRTS corridor.

During the hearing on Thursday, Justice Desai questioned Boghra's motives, stating, “Why every time such kind of incidents happened to you only. This name I have read fifty times in the newspaper. Are you attention seeker or your hungry of publicity. Why every time you feel that you don't take up matter any other cause but police department only.”

Justice Desai clarified that while the court has entertained some petitions making allegations against the police department, it would not entertain a matter without considering the nature of the allegations, the petitioners, and their past. Boghra's advocate argued that Boghra was assaulted and had filed an FIR against the cops, but the cops registered an FIR against him as a shield.

Expressing his disinclination to grant any relief, Justice Desai stated, “Merely if you are an advocate and social worker does it mean you have a license to do anything? Face the trial. Instead arguing with the police you would have approach the court. The FIR constitutes the offence and I am not going to quash it.”

Following the judge's remarks, Boghra's lawyer withdrew the petition.