[2018 Attack on Advocates] Delhi High Court transfers case to CBI; Closes Suo Moto Proceeding

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Synopsis

The court was hearing a suo-moto petition in a case pertaining to attacks on lawyers of the high court in 2018

The Delhi High Court on Thursday 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.

A bench comprising Acting Chief Justice Manmohan and Justice Mini Pushkarna said, “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 the law."

The court was hearing a suo-moto petition pertaining to incidents of the 2018 attacks on lawyers, wherein two vehicles parked in the courtyard of Advocate Ravi Sharma’s residence were deliberately burned on January 3 and 4, 2018.

Thereafter, a similar incident took place at the residences of Senior Advocate Kirti Uppal, President of the Delhi High Court Bar Association (DHCBA), and Senior Advocate Vikas Pahwa, Designated Senior Member Executive of the DHCBA.

“In view of the aforesaid, no further direction is required to be passed in the matter. The writ petition is disposed of", the court ordered. 

In October 2022, the Delhi Police sought two weeks to respond to the matter. 

As per the Bar resolution of January 24, 2018, the Executive Committee of the DHCBA noted as follows:

“It was revealed that the said incident was not an accident but a pre-meditated and deliberate attacks on the legal community. It is pertinent to mention that even Sh. Ravi Sharma, Advocate was supporting the cause of the colleague lady advocate on whose behalf Mr. Kirti Uppal & Mr. Vikas Pahwa, Sr. Advocates were appearing.”

“The present situation is an extraordinary in nature in as much as these heinous acts have been executed with the intention to overawe and strike terror in our community by using inflammable substances, in a manner so as to cause injuries or loss of life and damage/ destruction of property, in order to terrorize the Advocates to refrain from performing their professional duties.”

“Inspite of registration of three FIRs by the lawyers and personal meeting of the members of the Committee with the Police at the highest level apprising them about the nexus and adequate and proper attention is not being given to the matter and their approach lackadaisical and deliberately protracting.”

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