Assault on SC lawyer: Supreme Court orders police to frame attempt to murder charge against accused

The Supreme Court on Thursday directed the Delhi Police to invoke the offences of attempt to murder and voluntarily causing hurt by dangerous weapons against persons accused of attacking Advocate Pankaj Sharma at his Delhi residence. [Pankaj Sharma v. State of NCT of Delhi]

A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohana passed the order after noting that the injury suffered by Sharma was on a vital part of his body.

"Taking into the injury on a vital part of body, it seems to us an offence such as attempt to murder ought to be there in the FIR. Thus, we direct that Sections 109 and 118 [of BNS] be added," the Court ordered.

Considering the allegation of bias against local police, the Court directed the Commissioner of Police to transfer the investigation to the Crime Branch.

Sharma, a lawyer practising before the Supreme Court, was attacked at his house on July 11. He suffered head injuries that required eight stitches after his head was allegedly banged against an iron gate.

An FIR was registered at the Model Town police station the same day, but only for the offences of house trespass and simple hurt.

Sharma then moved the top court alleging that the police had deliberately omitted graver offences. He said that the main accused, the president of the local residents welfare association (RWA), was politically influential and that he and his family were being threatened to withdraw the FIR.

On July 14, the Court had called for a status report from an officer not below the rank of Deputy Commissioner of Police and directed that Sharma be given protection.

When the matter was taken up on Thursday, Senior Advocate Vikas Singh, appearing for Sharma, submitted that the status report itself pointed to coercion.

"Status report is saying that a compromise is being forced," Singh said.

Senior Advocate Vikas Pahwa alleged that the local police was shielding the accused.

"The accused RWA president is being protected by the local police," he said.

Singh pressed for the probe to be taken away from the local police.

"Crime branch should investigate. If Section 109 is not attracted here, then what else," he submitted.

Attorney General R Venkataramani, who was present in the courtroom, said that he had acted in the injured lawyer's interest.

"I have said let him be taken to a government hospital. Let a medico legal report be taken so that his injuries can be ascertained. I acted in his best interest," the AG said.

Singh, however, responded,

"No, as an Attorney General you should have done more."

When the Chief Justice remarked that a sharp object appeared to be involved, the AG replied,

"That is what. They say he brushed against a wall. That is why I said medico legal report needed."

Justice Bagchi underlined that it was the intention behind the assault and not the extent of the injury, that mattered at this stage.

"See, intention is important in such cases and not the gravity of the injury. Injury is on a vital part of the body," he observed.

The judge added that the investigating officer ought to have kept the graver offence within the ambit of the probe before turning to the medical opinion.

"The investigating officer has to give the widest possible berth and then go for the medical opinion," Justice Bagchi said.

When an advocate insisted that arrests must follow, Justice Bagchi said,

"Arrest? Why arrest? Now next time you make an anticipatory bail plea, we will say arrest all accused."

As the remark drew laughter, the judge added,

"What are you all saying? You all are officers of this court."

Senior Advocate Siddharth Dave also appeared in support of the petitioner, pointing out,

"This lawyer regularly appears before this court."

The Court issued directions for addition of serious offences to the FIR and transfer of probe to Crime Branch.