PolicyCourts
Supreme Court orders police SIT into assault on lawyers who protested against BCI chief
The lawyers had sought a CBI probe, alleging they were beaten at the Bar Council of India's office. The court asked for a team led by a DCP-rank officer instead.
Key points
- The Delhi Police Commissioner must set up an SIT headed by a DCP-rank officer.
- The lawyers say no FIR was registered two months after their complaint.
- The court chose an SIT over the CBI probe the lawyers sought, and left the magistrate route open.
The Supreme Court on Monday told the Delhi Police to form a special investigation team to look into an alleged assault on lawyers who had been protesting against Bar Council of India (BCI) chairman Manan Kumar Mishra.
The bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana directed the Delhi Police Commissioner to make sure the lawyers’ complaint is properly investigated by an SIT headed by a fairly senior officer of Deputy Commissioner of Police (DCP) rank. The lawyers may meanwhile approach the jurisdictional Metropolitan Magistrate.
A plea for a CBI probe
The lawyers say they were attacked at the BCI’s premises during their protest. They complained to the station house officer at IP Estate on 22 August. Appearing for them, advocate Prashant Bhushan said no FIR had been registered two months later. He alleged the attackers came at Mishra’s insistence and argued that a CBI probe or an independent SIT was needed, since the Delhi Police is under the government’s control and Mishra is a ruling-party MP.
The Delhi High Court had earlier turned down their request for a CBI probe, saying they could file a complaint before a magistrate.
The bench’s view
Justice Bagchi noted that Mishra was not present when the alleged assault took place. “It seems you are more interested in prosecuting the Chairman rather than the assailants,” he said. When Bhushan pressed for the CBI, the judge said the same concern about government control could apply to that agency too. Bhushan replied that the CBI director is chosen by a panel that includes the Prime Minister, the Leader of the Opposition and the Chief Justice of India.
On CCTV footage, the judge assured the lawyers they would see it. “The Court will give you access, your clients have a right to fair [investigation],” Justice Bagchi said. “Let investigation go on.” The Chief Justice said a magistrate could identify the attackers before taking cognisance.