Delhi High Court Transfers Probe Into Attack On Advocates In 2018 To CBI

The Delhi High Court yesterday transferred the probe into the attack on three advocates and members of the Delhi High Court Bar Association in 2018 from Delhi Police to the Central Bureau of Investigation (CBI).

A division bench of Acting Chief Justice Manmohan and Justice Mini Pushkarna ordered the probe agency to take action in the matter in accordance with law and directed that the entire investigation report be transferred to it within 10 days.

The court disposed of a suo motu case registered by it in 2018 about the attack on three lawyers, Advocate Ravi Sharma and Senior Advocates Kirti Uppal and Vikas Pahwa, who were then the President and Designated Senior Member Executive of DHCBA respectively.

In 2018, a Special Investigation Team (SIT) was formed to investigate the matter.

During the hearing yesterday, the court transferred the investigation to CBI looking at the seriousness of the crime and without finding fault with the investigation conducted previously since 2018.

“Since the counsel appears for CBI on advance notice, no notice is required to be issued in the matter. The CBI is directed to take action in the matter in accordance with law,” the court said.

It added: “In view of the aforesaid, no further direction is required to be passed in the matter. The writ petition is disposed of.”

Advocate Ravi Sharma's vehicles parked in the courtyard of his house were burned. Similar incidents had occurred with the other two senior lawyers.

In January 2018, a bench comprising of then Acting Chief Justice Gita Mittal and Justice C. Hari Shankar expressed dismay and concern over the "startling and extremely worrisome state of affairs.”

“We note with extreme concern the indication in the sequence and design of the crimes that a concerted effort may be underway to deter the members of the Bar Association as well as its leaders from discharging their professional duties and threatening them into withholding their support to the cause of justice,” the court had said.

It had added: “It is a matter of deep pain that such serious incidents involving the leaders of the Bar Association and advocates is being treated with such lack of seriousness. If this is the plight of the leaders of the Bar in Delhi, we shudder to imagine what may be the plight of a common man who face violence on the streets in Delhi."

Title: Court in its own motion v. Commissioner of Police, Delhi

Citation: 2023 LiveLaw (Del) 1287