Supreme Court Orders Swift Probe Into Advocate Assault Case

google preferred source

The Supreme Court has ordered Delhi Police to swiftly investigate the brutal assault on a woman advocate, ensuring the victim's protection and directing support for her children's education.

Key Points

  • The Supreme Court has directed Delhi Police to expedite the investigation into the brutal assault of a woman advocate.
  • The court has ordered protection for the victim and her children, ensuring their safety and well-being.
  • The Delhi government has been directed to provide free education and financial assistance to the victim's daughters.
  • The Supreme Court has transferred custody of the victim's two minor daughters to their mother after her discharge from the hospital.
  • The court has directed an inquiry into the hospitals that allegedly refused admission to the victim after the assault.

The Supreme Court has asked Delhi Police to conclude its probe into the brutal assault of a woman advocate allegedly by her husband at the earliest, while ensuring the protection of the victim and her children.

A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi said the police should ensure that the investigation was conducted in a dispassionate, fair and impartial manner.

 

Supreme Court Takes Suo Motu Cognisance

The apex court last month took suo motu cognisance after advocate Sneha Kalita wrote a letter to the CJI seeking urgent intervention in the matter and grant of compensation under the National Legal Services Authority (NALSA) victim compensation scheme.

According to the allegations, the victim, who is a practising advocate at the Karkardooma district court here, was stabbed with a sword by her husband at Sonia Vihar on April 22.

Investigation and Protection Measures

While hearing the suo motu case on May 11, the bench noted that as per the status report filed by police, investigation in the FIR was still ongoing.

"We impress upon the investigating officer to make an endeavour to conclude the investigation and take it to a logical conclusion at the earliest," the bench said.

"Delhi Police shall ensure that no harm is caused to the victim or the children and that they are adequately protected," it said.

Support for the Victim's Children

The bench directed the Delhi government to provide all facilities, including playschool and regular school to the daughters of the victim free of cost.

It said all expenses, including school fees, uniforms, books, public transportation etc. shall be borne by the education department of the Delhi government.

"The girl children shall also be provided with stipend/honorarium/financial assistance, as may be admissible as per the policy framed by the NCT of Delhi," the bench said.

Custody and Hospital Inquiry

It noted that pursuant to the apex court's April 27 order, the two daughters were with their paternal grandparents and subsequently, the child welfare committee took them in their custody.

"Without going into the facts at hand, since the victim-mother has now been discharged from the hospital and has recovered to a reasonable extent, the custody of the two minor daughters aged 4 years and 1 year is directed to be handed over to the victim-mother," the bench said.

It said so far as the inquiry against four hospitals was concerned, it be examined in depth and a separate report be submitted before the court of competent jurisdiction.

"The victim may thereafter seek appropriate remedy, if any, that may be available in accordance with law," it said.

The top court had earlier noted that the victim was taken to four hospitals and three of them had refused admission. It had also noted that one of the hospitals only provided first aid and referred her to other hospital.

While disposing of the matter on May 11, the bench made clear that the proceedings before it may not be taken as any expression of opinion by the court touching on the merits of the case.

Previous Directives and Arrest

On April 27, the top court took note of the brutal assault on the woman advocate and directed the Delhi Police commissioner to hand over the probe to a senior officer, preferably a woman officer in the rank of assistant or deputy commissioner of police.

Additional Solicitor General Aishwarya Bhati, appearing for the NCT of Delhi, told the bench that an FIR has been registered and the husband, alleged to be the prime accused, was arrested on the intervening night of April 25-26.

Noting that the victim would be in need of financial assistance, especially to undergo treatment and to look after her minor daughters, the bench directed the NALSA to release interim sum of Rs 3 lakh in her favour.

The accused, Manoj Kumar, a resident of Sonia Vihar, was arrested from Khajuri Khas area, police said. Kumar allegedly stabbed his 38-year-old wife on April 22, they said.

Domestic discord was believed to be the motive behind the attack, though investigators were examining all angles, according to police.