'Approach High Court': SC Refuses To Entertain Plea Seeking CBI Enquiry In Darvesh Yadav Murder Case [Read Order]

Allows petitioner to file separate petition for a direction to Bar Council of India to formulate a scheme towards the Social Security Measures for lady advocates.

The Supreme Court refused to entertain the plea seeking CBI enquiry in the murder case of Darvesh Yadav, the newly elected President of UP Bar Council who was shot dead in Agra Civil Court.

The bench comprising of Justice Sanjiv Khanna and Justice BR Gavai, however, gave liberty to Indu Kaul, the petitioner, to approach the jurisdictional High Court i.e. Allahabad High Court.

In her PIL, Advocate Indu Kaul had also sought a direction to Bar Council of India to formulate a scheme towards the Social Security Measures for lady advocates in coordination with respective state bar councils. When the bench expressed disinclination to hear the plea of CBI enquiry, the counsel for Advocate Indu Kaul sought liberty to file a separate writ petition with details and particulars in respect of this prayer. The bench said:

"Without expressing any opinion we observe that writ petition if filed before this Court would be examined and considered notwithstanding the present order."

Background

Newly elected President of UP Bar Council Darvesh Yadav was shot dead in Agra Civil Court two weeks ago. As per reports, the attacker was Advocate Manish Sharma, who opened three rounds of fire at Yadav, who was inside the chambers of Advocate Arvind Kumar Mishra. As per eyewitnesses, after the attack, Manish Sharma fired a shot at himself and died in a Gurugram hospital last Saturday.

Advocate Indu Kaul then approached the Apex Court by filing a PIL seeking CBI enquiry in the matter. She had also sought a direction to Bar Council of India to formulate a scheme towards the Social Security Measures for lady advocates and also for providing police security to lady advocates in court premises and its amenities beyond court working hours throughout the country.

In her PIL, she submitted that the condition of lady advocates is vulnerable in all courts across the country. About the murder case, she submitted that the male insecurity has been a common feature from women placed at a higher position and in many instances this becomes a constant threat for successful women. Other prayers in the PIL were

  • To direct the State of U.P to update about the progress of investigation in Darvesh Yadav murder case,
  • To direct U.P. Bar Council, through BCI to pay the family of deceased Darvesh Yadav a compensation of Rs 25 lakhs;
  • To direct Delhi Bar Council to publish the scheme for disbursement of the sum Rs. 50 lakhs received from Delhi Government towards Social Security Measure

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