Srinagar: The Court of District Mobile Magistrate (Traffic), Sopore, has issued a pre-cognisance notice to Tehsildar Sopore, Tariq Ahmad Sheikh, following a criminal complaint filed by the Bar Association Sopore through its President, Advocate Faisal Jan Anim, and Advocate Mohammad Waseem, alleging criminal intimidation, wrongful restraint, and defamatory slurs directed at advocates during an official interaction.
The judicial intervention comes amid an indefinite strike by the local legal fraternity that has brought judicial work across the Sopore sub-division to a standstill since August 19.
The complaint, instituted under Sections 126 (wrongful restraint), 131 (assault or criminal force), 351 (criminal intimidation), and 356 (defamation) of the Bharatiya Nyaya Sanhita (BNS), 2023, was initially presented before the Chief Judicial Magistrate (CJM), Sopore, who transferred the matter to District Mobile Magistrate Usman Khurshid for disposal.
Advocates hold placards during a protest in Sopore over the alleged intimidation of lawyers.
After recording the preliminary statements of both complainants and examining the material on record, Magistrate Usman Khurshid observed that while the allegations prima facie bear a nexus with the discharge of the public servant’s official duties, statutory safeguards under the new criminal procedure code must be adhered to before considering the question of taking cognisance.
“Without expressing any opinion as to the truthfulness of the allegations or the legality or otherwise of the conduct attributed to the proposed accused, the incident complained of, prima facie, bears a nexus with the discharge of his official functions,” the court observed in its order. “The procedural safeguards contemplated under Section 223(2) of the BNSS are, therefore, required to be complied with before the question of cognisance is considered.”
The court directed that a pre-cognisance notice be issued to Tehsildar Tariq Ahmad Sheikh through the Station House Officer (SHO), Sopore, as well as electronic modes, listing the matter for hearing on August 31, 2026.
Invoking Section 223(2)(b) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the Magistrate also directed the Deputy Commissioner, Baramulla, as the supervisory authority, to submit a comprehensive factual report regarding the circumstances of the incident by the next date of hearing.
The controversy stems from an incident on August 19, when Advocate Mohammad Waseem visited the Tehsildar’s office in his capacity as legal counsel to represent clients in a land dispute titled Mohd Shafi Dar & others v. Rafiqa Begum & others, a matter in which directions had earlier been issued by the Court of Additional District & Sessions Judge, Sopore.
The revenue officer had summoned the concerned parties to his office on that date.
According to Bar President Faisal Jan Anim, when the young advocates reached the revenue office, the Tehsildar barred their entry at the gate, questioned their presence, and cast derogatory slurs, allegedly telling them “dafa ho jao yahan se” (get lost from here) and branding them “dalal vakeel” (broker lawyers), before using abusive language as they left the premises.
“Two young lawyers had gone to represent their clients in a matter where directions had already been issued by the civil court, but they were subjected to unprovoked humiliation,” Anim told Free Press, Kashmir.
“The Tehsildar is selectively circulating CCTV footage from the outer gate showing them leaving, but the question is why footage from inside the premises where the confrontation occurred is not being brought forward.”
Anim said that the indefinite work boycott across the Sopore courts would continue until administrative action is initiated. “The strike has been continuous since August 19 and will not be called off until a formal inquiry is conducted, and the officer is transferred. We have sent formal representations to the Additional Deputy Commissioner, the District Administration, and the Lieutenant Governor’s Secretariat. Litigants are suffering, which we deeply regret, but we come out of our homes to earn, and we must earn with dignity.”
When contacted by FreePress Kashmir, Tehsildar Sopore Tariq Ahmad Sheikh said that he was not aware of the court notice and declined to comment on the allegations over the phone.
“I have not received any notice, nor am I authorised to make official statements regarding these matters over telephone calls,” the Tehsildar said. “If anyone seeks clarification, they are welcome to visit my office during official working hours.”
