The Supreme Court has directed the Delhi Police to invoke the offence of attempt to murder against the accused in the alleged assault on advocate Pankaj Sharma, a lawyer practising before the apex court, while expressing serious dissatisfaction with the manner in which the investigation was initially conducted.
A Bench of the Court observed that an assault involving repeated blows to the victim’s head warranted the inclusion of the graver offence at the threshold, unless the investigation revealed circumstances justifying a different view. The Court remarked that injuries inflicted on a vital part of the body could not be treated lightly during the initial stages of the probe.
Sharma was allegedly attacked at his residence on July 11. According to the material placed before the Court, he sustained serious head injuries after his head was repeatedly struck against an iron gate, requiring multiple stitches. Despite the nature of the injuries, the local police registered an FIR only for offences relating to house trespass and voluntarily causing hurt, prompting concerns over the adequacy of the investigation.
Taking note of the allegations, the Bench directed the Delhi Police Commissioner to transfer the investigation from the local police station to the Crime Branch. The Court observed that such a course was necessary to ensure an impartial and credible investigation, particularly in light of allegations that the local police had failed to appropriately appreciate the gravity of the incident.
The Court also instructed the investigating agency to incorporate the offence of attempt to murder in the FIR and proceed with the investigation in accordance with law. Additionally, it directed that the trial arising from the case be conducted before the competent court at Patiala House Courts.
The matter came before the Supreme Court after concerns were raised regarding the police response to the attack on the advocate. The Court indicated that the investigation must inspire confidence and directed the authorities to ensure that the probe is carried out expeditiously and without influence.
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