The Supreme Court on Thursday strongly criticised the Delhi Police over its handling of the alleged assault on Advocate Pankaj Sharma, a lawyer practising before the Court. A Bench of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V. Mohan said  that, based on the nature of Sharma’s injuries, the FIR should, prima facie, have included the offence of attempt to murder. 

The Court also directed that the investigation be transferred to the Crime Branch after serious allegations were made against the local police.

Attempt to Murder Should Have Been Added:

While hearing the case, the Bench observed that the injuries were caused on a vital part of Sharma’s body and appeared to be much more serious than a case of simple assault. Recording its prima facie view, the Court said:

“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.”

Court Orders More Charges:

The Court directed the Delhi Police to add Sections 109 (Attempt to murder) and 118 (Grievous hurt) of the Bharatiya Nyaya Sanhita (BNS) to the FIR. It also clarified that if the investigation later reveals any other offences, the investigating agency is free to add those provisions as well.

Crime Branch Gets Probe:

The Bench also accepted the petitioner’s concerns about the fairness of the investigation after he alleged that local police officers were pressuring him to settle the dispute with the accused. Taking note of these allegations, the Court directed:

“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 ordered that the police protection already given to Sharma should continue during the investigation before disposing of the writ petition.

Senior Advocate Vikas Singh, appearing for Sharma, argued that despite the seriousness of the attack, the police wrongly treated the case as one involving simple injuries. During the hearing, he submitted:

“Somebody is hit so hard to kill him… eight stitches on his head… they say simple injury? Police acting very strange.”

He further argued that one of the accused was the president of the Resident Welfare Association (RWA) of the locality and was an influential person. According to Singh, the local police were trying to broker a compromise instead of conducting a fair investigation. He requested the Court to transfer the case to the Crime Branch.

Attorney General for India R. Venkataramani informed the Bench that he had already spoken to a Special Commissioner of Police about the matter. He told the Court:

“I called for a Special Commissioner. I asked to take the person to a government hospital, as a private hospital MLC may not inspire confidence. Let it be done today.”

How the Case Reached the Supreme Court:

The case first came before the Supreme Court on July 14 after Senior Advocate Vikas Singh sought urgent listing of the matter, expressing concern over the alleged attack on Sharma. During that hearing, Singh remarked:

“If this is the experience of an advocate practising in the Supreme Court, what will be the fate of a common citizen?”

After hearing the submission, the Court directed the Delhi Police to file a status report.

Alleged Assault on Advocate:

According to the petition, Advocate Pankaj Sharma, who has been practising before the Supreme Court for more than 20 years, was brutally assaulted inside his Delhi residence on July 11 by several persons. The petition states that the attackers repeatedly smashed his head against an iron gate, causing deep head injuries, heavy bleeding and requiring eight stitches. Sharma also alleged that the accused were politically influential and that one of them openly claimed that no action would be taken against him.

Allegations Against Police:

The petition further alleged that the Delhi Police initially refused to register an FIR. Even after registering it, the police included only provisions relating to simple assault despite the serious injuries. It claimed that offences such as attempt to murder and grievous hurt were deliberately left out of the FIR. Sharma also alleged that police officers repeatedly pressured him to settle the matter with the accused.

Threats After the Attack:

According to the petition, the accused returned to Sharma’s house the next day and threatened his family, asking him to withdraw the complaint. It also alleged that the police failed to provide proper protection or take effective action.

The petition relied on a resolution passed by the Supreme Court Bar Association, which condemned the attack and urged the Delhi Police Commissioner to take appropriate action.

Reliefs Sought:

Apart from seeking the transfer of the investigation to an independent agency, Sharma also sought police protection for himself and his family, addition of Sections 109, 117 and 118(2) of the Bharatiya Nyaya Sanhita to the FIR, and a fresh medical examination.

Case Details: Pankaj Sharma v. State of NCT of Delhi & Ors.