Advocate Moves Supreme Court Seeking Police Protection After Alleged Assault At Delhi Home

An advocate practising before the Supreme Court has approached the Court seeking police protection, transfer of investigation and directions to invoke more serious provisions of the Bharatiya Nyaya Sanhita (BNS) in an FIR registered over an alleged assault on him at his Delhi residence.The writ petition has been filed by advocate Pankaj Sharma through advocate Tarun Gupta. According to the petition, Sharma is a member of the Supreme Court Bar Association (SCBA) and has been practising before the Supreme Court for over 20 years. The plea alleges that the accused are politically influential and the police initially refused to register an FIR. The petition states that even after an FIR was lodged, it was registered only for simple assault despite the petitioner suffering grievous injuries to his head.“The instant petition highlights a systemic failure where law enforcement agencies have deliberately downplayed targeted violence against an officer of the court. The police inaction directly violates the Petitioner's Right to Life and Personal Liberty guaranteed under Article 21. The action of the police in registering a case of "simple assault" for a critical head injury is arbitrary, biased, and legally unsustainable. Hence the Petitioner beseeches this Hon'ble Court to intervene in the matter and direct the authorities to take suitable action”, the plea states.According to the petition, on July 11 at about 12 noon, Sharma was allegedly assaulted inside his house by several persons, resulting in deep lacerations to his head, and heavy blood loss. It is alleged that the assailants deliberately banged his head against an iron gate. The petition states that the petitioner lost consciousness and had to be rushed to Pentamed Hospital, where he received eight stitches. The petition also alleges that one of the assailants proclaimed that he was the president of the locality and had political influence because of which no action would be taken against him. The petition states that the District Crime Team inspected the scene and the petitioner's statement was recorded, but despite the nature of the injuries, the investigating officer failed to invoke the appropriate provisions relating to attempt to murder and grievous hurt. The petition states that an FIR was registered at Model Town Police Station on July 11 under Sections 332(c), 115(2) and 3(5) of the BNS. The petition contends that the police intentionally failed to invoke Sections 109 (attempt to murder), 117 and 118(2)( grievous hurt by dangerous weapons) of the BNS. The petition further alleges that the next day, some of the accused again came to Sharma's residence, attempted to enter the house and threatened his family to withdraw the FIR. The petition contends that the police has failed to take effective action against the accused, who continue to threaten him and his family. The petition also refers to a resolution and a letter issued by the Supreme Court Bar Association on July 13 condemning the alleged assault and calling upon the Commissioner of Police, Delhi, to take action. The petition states that despite the SCBA's intervention, no effective action has been taken by the police.Claiming that the investigating agency has failed to conduct a fair investigation and that his family continues to face threats, Sharma has sought transfer of the investigation, police protection for himself and his family, addition of Sections 109, 117 and 118(2) of the BNS to the FIR, and a medical examination.Case no. – Diary No. - 41042/2026Case Title – Pankaj Sharma v. State of NCT of Delhi & Ors.

Advocate Moves Supreme Court Seeking Police Protection After Alleged Assault At Delhi Home

Amisha Shrivastava

This is a premium content
Available exclusively to
Our subscribers

INR 1099+GST

Tags

Amisha Shrivastava

Advocate Moves Supreme Court Seeking Police Protection After Alleged Assault At Delhi Home

Amisha Shrivastava

This is a premium content Available exclusively to Our subscribers

INR 1099+GST

Tags

Amisha Shrivastava

This is a premium content
Available exclusively to
Our subscribers