The Supreme Court on Thursday criticised the Delhi Police for failing to invoke the offence of attempt to murder in an FIR registered over an alleged attack on an advocate practising before the Court, and directed that the investigation be transferred to the Crime Branch.

A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana observed that, considering the nature of the injuries allegedly inflicted on a vital part(head) of the victim's body, the offence of attempt to murder ought to have been included in the FIR.

"Taking into consideration the nature of injury on vital part of the body where it is inflicted, it seems to us that prima facie an offence like attempt to murder ought to have been included in the FIR, subject to final outcome of the investigation," the Bench observed.

The Court consequently directed the inclusion of Sections 109 (Attempt to murder) and 118 (grievous hurt) of the Bharatiya Nyaya Sanhita (BNS) in the FIR. It further clarified that if the investigation discloses the commission of any other offence, appropriate additions may also be made.

The Bench also ordered the Commissioner of Police, Delhi, to transfer the investigation to the Crime Branch after the petitioner alleged that local police officials were pressuring him to enter into a compromise with the accused.

"Since there are allegations against the police of forcing petitioner to settle, we direct the Commissioner of Police, Delhi to transfer investigation to Crime Branch," the Court ordered, while continuing protection granted to the petitioner during the pendency of the investigation. With these directions, the Court disposed of the writ petition filed by Advocate Pankaj Sharma.

Senior Advocate Vikas Singh, appearing for the petitioner, argued that the victim had suffered a serious assault but the police had treated it as a case involving simple injuries.

"Somebody is hit so hard to kill him... eight stitches on his head... they say simple injury? Police acting very strange," Singh submitted.

He further alleged that the accused was the president of the Resident Welfare Association (RWA) of the same colony and that the local police were attempting to force a settlement. He urged the Court to entrust the investigation to the Crime Branch instead of the local police.

Attorney General for India R Venkataramani informed the Court that he had already spoken to a Special Commissioner of Police regarding the matter.

"I called for a Special Commissioner. I asked to take the person to a government hospital, as a private hospital MLC may not inspire confidence. Let it be done today," the Attorney General submitted.

On July 14, the Court had sought a status report from the Delhi police after the matter was urgently mentioned by Vikas Singh, who voiced grave concerns over the assault on the lawyer. "If this is the experience of an advocate practising in the Supreme Court, what will be the fate of a common citizen?" Singh had submitted.

Advocate Pankaj Sharma, a Supreme Court lawyer with over 20 years of practice, filed the writ petition seeking police protection, transfer of investigation to an independent agency, and addition of more serious offences under the Bharatiya Nyaya Sanhita (BNS) in an FIR registered over an alleged assault at his Delhi residence.

Sharma alleged that he was attacked inside his home on July 11 by several persons, who repeatedly banged his head against an iron gate, causing deep head injuries, heavy blood loss, and eight stitches. He claimed the accused were politically influential and that one of them boasted that no action would be taken against him.

The petition accused the Delhi Police of initially refusing to register an FIR and later booking the case only for simple assault despite the seriousness of the injuries. It alleged that the police deliberately omitted offences such as attempt to murder and grievous hurt, and subsequently pressured him to compromise.

Sharma further alleged that the accused returned the next day to threaten his family and withdraw the FIR, while the police failed to provide adequate protection or take effective action. The petition also relied on the Supreme Court Bar Association's resolution condemning the attack and seeking action from the Delhi Police Commissioner.

The plea sought transfer of the investigation, police protection for Sharma and his family, addition of Sections 109, 117 and 118(2) of the BNS to the FIR, and a fresh medical examination.

Case no. – Diary No. - 41042/2026

Case Title – Pankaj Sharma v. State of NCT of Delhi & Ors.