Supreme Court Seeks Delhi Police Status Report On Probe Into Assault Of SC Advocate

The Supreme Court on Tuesday sought a status report from the Delhi Police regarding the investigation into the alleged assault of a Supreme Court advocate in the national capital.The Court directed that the status report, along with details of the action taken on the victim's second complaint alleging threats to withdraw the FIR, be filed by a police officer not below the rank of Deputy Commissioner of Police. The Bench also directed that adequate protection be ensured to the advocate.A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana passed the order in a writ petition filed by advocate Pankaj Sharma.Though the petition was not listed today, it was taken on board after it was orally mentioned by Senior Advocate Vikas Singh, the President of the SCBA. Singh pointed out that the petitioner has been practicing before the Supreme Court for over 20 years. "Member of our Bar was beaten in his house...8 stitches on his head...he lodged FIR, next day people again came to house and threatened him to withdraw FIR...FIR says house trespass and simple hurt...it was a Supreme Court lawyer. If it can happen to a member of our bar, how will common citizen be safe in this country?" Singh submitted. He added that a second complaint was filed against the threats issued to him for the withdrawal of the FIR. Yet, no arrests have taken place, and only less serious offences were invoked in the FIR, Singh lamented.Attorney General for India R Venkataramani, who was present in the Court, shared the concerns raised by Singh. "I join the concerns. Very serious matter. Notice may be issued on the writ," the Attorney General said.The Court ordered :"Let status report with respect to the ongoing investigation as well as any action taken on the second complaint made by the victim regarding the threat extended to him for withdrawal of the FIR be filed by a police officer not below the rank of Deputy Commissioner of Police. Meanwhile, it should be ensured that no harm is caused to the victim."The matter will be considered day after tomorrow.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, ...

Supreme Court Seeks Delhi Police Status Report On Probe Into Assault Of SC Advocate

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Supreme Court Seeks Delhi Police Status Report On Probe Into Assault Of SC Advocate

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