The Supreme Court on Tuesday sought a status report from the Delhi Police in connection with the alleged assault on a lawyer at his residence last week and the threat he received for refusing to withdraw the case he filed against the politically influential assailants. Lawyer Pankaj Sharma alleged that the police failed to act even when he was seriously injured.
Chief Justice of India (CJI) led by Surya Kant sought a report on the investigation and whether any action was taken on the subsequent complaint about the threat. It asked an officer not below the rank of Deputy Commissioner of Police to submit the report and take the matter up for further hearing on Thursday. The council directed the police to ensure that Sharma is not harmed.
Supreme Court Bar Association (SCBA) president and senior advocate Vikas Singh, who made an urgent reference to the matter, said that Sharma was assaulted on July 11, and a first information report (FIR) was registered on the same day at Delhi’s Model Town police station. “He is a Delhi-based Supreme Court lawyer, with 11 years of practice. If this is what happens to him, how will the common citizen be safe?” Singh asked.
Singh told the court that Sharma suffered eight stitches in his head. He added that the attackers came again to his house and threatened him with withdrawing the case the next day
Prosecutor R Venkataramani described the incident as “serious” and reiterated what Singh had said. He urged the court to issue notice and seek response from Delhi Police.
In his petition, Sharma said that the accused were politically influential and that the police had initially refused to register an FIR. An FIR was eventually registered only for assault and domestic trespass, even as he suffered life-threatening injuries, he added.
Sharma accused the Delhi Police of working under the influence of the accused, a local politician. He said that the police did not take appropriate action against the perpetrators and did not provide him with security, even though the accused tried again to attack him and his family on July 12.
Sharma said the investigating officer should have cited Sections 109 (attempt to murder), 117 and 118 (2) (grievous injury with dangerous weapons) of the Bharatiya Nyaya Sanhita.
On Monday, the SCBA passed a resolution and wrote to the Delhi Police Commissioner condemning the alleged assault. It requested action to be taken against the accused and protection provided to Sharma.
Sharma’s petition alleged that the police failed to take any action despite SCBA’s intervention. She added that the police’s inaction violates his right to life and personal liberty guaranteed under Article 21 of the Constitution. Sharma sought the court’s intervention and directed the police to take appropriate action.
