The Supreme Court on Thursday transferred the probe into an assault on an advocate in the National Capital last week to the Delhi Police Crime Branch following allegations that the local police were exerting pressure on him to enter into a settlement with the accused.
Taking note of injury on a vital part of advocate Pankaj Sharma’s body, a Bench led by CJI Surya Kant also directed the Delhi Police to book the accused for an offence of attempt to murder.
“Thus, we direct that Section 109 (attempt to murder) and 118 (voluntarily causing hurt or grievous hurt by dangerous weapons or means) of BNS be added. Since there are allegations concerning the probe by the local police, we direct the Commissioner of Police to transfer the case to the Crime Branch,” said the Bench, which also included Justice Joymalya Bagchi and Justice Joymalya V. Mohana.
The Bench left it open to the new Investigating Officer (IO) to add more offences to the FIR, if he deemed fit.
The order came after Supreme Court Bar Association (SCBA) president and senior advocate Vikas Singh pointed out that despite Sharma – an SCBA member – getting eight stitches on his head, the police did not add Section 109 and Section 118 of the Bharatiya Nyaya Sanhita (BNS) to the FIR.
If this can happen with a Supreme Court lawyer, how will common citizens be safe in the country, Singh wondered.
The SCBA President alleged that the local police were exerting pressure on Sharma to enter into a compromise with the accused.
Advocate Pankaj Sharma was assaulted at his home and he received threats for refusing to withdraw a case he lodged against the politically influential assailants.
He was assaulted on July 11 and an FIR was registered the same day at Model Town Police Station.
The Supreme Court had on Tuesday asked the Delhi Police to submit a status report on the investigation into the case after Singh mentioned the matter for urgent hearing.
The Bench had sought a report on the issue to be filed by an officer not below the rank of Deputy Commissioner of Police (DCP) and ordered the police to ensure the advocate’s safety and provide adequate protection.