The police was pulled up for not adding the charge of ‘attempt to murder’ in the FIR registered in the case of alleged attack on a lawyer practicing in the Supreme Court and instructions were given to hand over the investigation to the Crime Branch. A bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V Mohana said that considering the seriousness of the injuries sustained on the vital part of the victim’s body (head), the charge of ‘attempt to murder’ should have been included in the FIR.
The bench said that considering the seriousness of the injury on the vital part of the body, we feel that initially the offense of ‘attempt to murder’ should have been included in the FIR, although this will depend on the final outcome of the investigation.
so supremecourt Directed to include sections 109 (attempt to murder) and 118 (grievous hurt) of the Indian Justice Code (BNS) in the FIR. The court further clarified that if the investigation reveals any other crime, then necessary information can also be added.
Order to transfer investigation to crime branch
The bench also ordered the Delhi Police Commissioner to transfer the investigation to the Crime Branch, as the petitioner had alleged that the local police officers were pressurizing him to compromise with the accused. 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 was seriously attacked, but the police considered it a case of minor injuries.
Singh said, “Someone is hit so hard that he dies… He has eight stitches on his head… They say it is a minor injury? The police is behaving very strangely.” He further alleged that the accused was the President of the Resident Welfare Association (RWA) of the same colony and the local police was trying to force a settlement. He appealed to the court to hand over the investigation to the Crime Branch instead of the local police.
Court had asked for status report from Delhi Police
Attorney General of India R Venkataramani told the court that he has already spoken to the Special Police Commissioner in this matter. The Attorney General said, “I called the Special Commissioner. I asked him to take the person to a government hospital because the MLC of a private hospital cannot be trusted. This should be done today itself.”
On July 14, the court had sought a status report from the Delhi Police after Vikas Singh had expressed serious concern over the attack on the lawyer. Singh had said, “If this is the experience of a lawyer practicing in the Supreme Court, then what will happen to a common citizen?”
Supreme Court lawyer Pankaj Sharma, who has been practicing for more than 20 years, had filed the writ petition, demanding police protection, transfer of investigation to an independent agency and addition of more serious offenses under the Indian Justice Code (BNS) in the FIR registered for the alleged attack on his Delhi home.
The lawyer was attacked on July 11
Sharma alleged that on July 11, he was attacked inside his house by several people who repeatedly hit his head with an iron gate, causing deep head injuries, profuse bleeding and eight stitches. He claimed that the accused were politically influential and one of them boasted that no action would be taken against him.
The petition accused Delhi Police of initially refusing to register an FIR and later registering only a case of minor assault despite the seriousness of the injuries. It was alleged that the police deliberately left out crimes like attempt to murder and grievous hurt and later pressurized them 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 him adequate security or take effective action. The petition also cited the resolution of the Supreme Court Bar Association in which the attack was condemned and action was demanded from the Delhi Police Commissioner. The petition demanded transfer of investigation, police protection for Sharma and his family, addition of sections 109, 117 and 118 (2) of BNS in the FIR and fresh medical examination.
Read this also-Supreme Court angry with Patna High Court’s decision on definition of rape
Leave a Reply