The Supreme Court on Thursday transferred the investigation into the alleged assault on advocate Pankaj Sharma to the Delhi Police Crime Branch, while expressing dissatisfaction with the manner in which the local police had handled the case and observing that the offence of attempt to murder ought to have been invoked, considering the nature of the injuries suffered by the victim.
A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana passed the directions while hearing a writ petition filed by Sharma, a Supreme Court advocate, who alleged that he was brutally assaulted at his residence on 11 July by several persons and that the police initially refused to register an FIR and later booked the case only for minor offences despite his grievous head injuries.
The matter had first come up on 14 July, when the Court, on an urgent mention by Senior Advocate Vikas Singh, sought a status report from the Delhi Police after allegations that the petitioner and his family were being threatened to withdraw the FIR and that the local police were attempting to dilute the investigation.
Read at- SC Seeks Police Response on Plea by Supreme Court Lawyer Alleging Assault, Threats to Withdraw FIR
Today, after perusing the status report, the Bench observed:
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“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.”
Accordingly, the Court directed the Delhi Police to add the offences of attempt to murder and grievous hurt under the Bharatiya Nyaya Sanhita (BNS) to the FIR, clarifying that additional offences could also be incorporated if warranted by the investigation.
The petitioner further alleged that the accused, including the president of the local Residents’ Welfare Association, were politically influential and that local police officials had attempted to pressure him into a compromise. Accepting the concern, the Bench ordered:
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“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 also directed that the protection earlier granted to the petitioner should continue during the investigation. Attorney General R. Venkataramani informed the Court that he had already spoken to a Special Commissioner of Police and requested that the petitioner be medically examined at a government hospital to inspire greater confidence in the investigation.
With these directions, the Supreme Court disposed of the writ petition.