Supreme Court: While considering a matter of grave importance wherein the Court took suo motu cognizance of brutal assault on a woman advocate by her husband, the Division Bench of Surya Kant, CJI and Joymalya Bagchi, J., directed the petition to be registered and issued interim directions to ensure a fair and dispassionate investigation into the incident.
Background
On 25 April 2026, the office of Chief Justice of India received a letter by a Supreme Court Advocate on Record. The letter sought the Court’s urgent intervention in case of brutal assault on a woman advocate by her husband, including grant of compensation under the Compensation Scheme for Women Victims of the National Legal Services Authority.
The letter also enclosed certain photographs depicting the brutal assault on the woman advocate with a sharp-edged weapon, resulting in multiple injuries to vital parts of her body. It was noted that due to the gravity of her injuries, the woman advocate was admitted at the Trauma Centre, AIIMS, New Delhi.
It was noted that an FIR has been registered at Police Station Khajuri Khas, Delhi (Northeast). The advocate’s husband, who is alleged to be the prime accused, was arrested in the intervening night of 25-26 April 2026. Allegations against the in-laws of the woman advocate have been levelled as well, but they are stated to be absconding.
Court’s Assessment and Directions
Given the gravity of the matter, the Court deemed it fit to take suo motu cognizance of the case.
The Court noted that the woman advocate has 3 minor daughters. It was submitted that after the brutal assault on the woman advocate, her in-laws absconded with 2 minor daughters aged 1 year and 4 years and the eldest daughter aged 12 years was allegedly abandoned outside the house by the accused husband.
Therefore, being conscious of the gravity of the case; considering the rights which a suspect/accused possesses regarding fair and dispassionate investigation; to ensure that no one involved goes scot-free, and other mitigating circumstances, the Court thus issued the following interim directions:
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The Commissioner of Police, Delhi to handover the investigation to a fairly senior officer, preferably a woman officer in the rank of Assistant/Deputy Commissioner of Police.
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The police authorities will find out the whereabouts of the two minor girl children, who are stated to have been taken away by the woman advocate’s in-laws. If they are being well taken care of and looked after by their paternal grandmother, the current arrangement can continue till appropriate directions are issued on the next date of hearing.
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The custody of the eldest daughter shall continue with the maternal grandparents and their family members, with whom she is presently staying.
Taking note that the woman advocate is in dire need of financial assistance especially to undergo treatment, the Court directed National Legal Services Authority, through its Member Secretary, to release an interim sum of Rs 3 lakhs in her favour.
The matter has been posted for 11 May 2026.
[BRUTAL ASSAULT ON A MEMBER OF THE LEGAL FRATERNITY AND NEED FOR JUDICIAL INTERVENTION, In Re, SUO MOTO WRIT PETITION(CIVIL) No(s). 4/2026, order dated 27-4-2026]
Advocates who appeared in this case:
For Petitioner(s): By Courts Motion Ms. Sneha Kalita, AOR Mr. Ayush Yashaswi, Adv. Ms. Pallavi Barua, AOR Dr. K.S. Bhati, Adv. Ms. Aparna Singh, Adv. Mr. Narveer Dabas, Adv. Mr. Tarun Rana, Adv. Mr. Gagan Deep Kaur, Adv. Mr. Ram Narayan Mohanty, Adv.
For Respondent(s): Ms. Aishwarya Bhati, ASG Ms. Poornima Singh, Adv. Ms. Shivika Mehra, Adv. Mr. Anirudh Singh, Adv. Ms. Hemadri Sharma, Adv. Ms. Khushboo Chaudhary, Adv.
