Supreme Court takes suo motu cognisance of brutal stabbing of lawyer by her husband

The Court has sought a status report on the investigation of the case, including a probe into allegations some hospitals had denied emergency treatment to the victim.
Supreme Court of India
Supreme Court of India
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The Supreme Court has taken suo motu cognisance of an incident where a lawyer was brutally stabbed by her husband, leaving her in a critical health condition [In Re: Brutal Assault on a Member of the Legal Fraternity and need For Judicial Intervention].

A Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi briefly heard the matter today.

The lawyer, advocate Madhu Rajput, practices before courts in Delhi. She is reported to have been stabbed last night with a sword by her husband.

The Court today ordered the Commissioner of the Delhi Police to assign the criminal investigation of the case to a senior police official, who could be a woman officer with the rank of Superintendent of Police (SP) or Deputy SP.

It further ordered a probe into allegations that the attacked lawyer was denied emergency treatment from the hospitals she had first visited after she was stabbed.

"A lady lawyer was attacked. She was brutally stabbed in the office of her husband. She went somehow made PCR calls and the. Hospitals refused to take her in," advocate Sneha Kalita told the Bench this morning on behalf of the victim.

The Court noted the attacked lawyer was first taken to GTB, RK and Kailash hospitals but was denied admission there before she was finally treated by the AIIMS trauma centre.

"Let this aspect of non-admission by hospitals be probed into," the Court ordered.

It also ordered payment of financial aid to the lawyer.

"Since the victim is in need of financial assistance for treatment and to take care of her children, we direct judicial member secretary National Legal Services Authority (NALSA) to grant (financial aid) to the victim. Let the amount be deposited by tomorrow," the Court said.

The Court also called for a status report on the investigation of the case by the next hearing date.

CJI Surya Kant and Justice Joymalya Bagchi
CJI Surya Kant and Justice Joymalya Bagchi

CJI Kant today said that he had received a letter about the incident on Sunday and had immediately ordered the registration of a suo motu case.

Additional Solicitor General (ASG) Aishwarya Bhati informed the Court that the accused-husband has now been arrested and a criminal case has been registered.

"The accused was arrested. The FIR is under section 109(1) BNSS. AIIMS has been treating her. She has been discharged and now in private hospital." said ASG Bhati.

The Court, however, expressed concerns over the claim that the lawyer was initially denied emergency treatment.

"Why did the hospital deny emergency treatment?" he asked.

In its interim order, the Court noted that there were photographs indicating the brutal nature of the attack on the lawyer, which had led to injuries to vital organs of her body.

The Court further observed that while the prime accused, being the attacked lawyer's husband, has been arrested, her in-laws against whom certain allegations have been raised, are absconding.

The Court also noted that the attacked lawyer had three minor daughters as well, aged 12 years, 4 years and 1 year old.

"The girl children were abandoned by the father. Now they are under care of maternal grandparents," the Court's order recorded.

The Court asked the police to trace the whereabouts of the attacked lawyer's children, adding that their custody can continue to remain with their maternal grandparents.

"Let the whereabouts of minor children be found out who were stated to be taken away by the grandparents. If the grandmother is taking care then let the arrangements continue. Let the custody of eldest child be with the maternal grandparents," the Court said.

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