SC takes note of brutal assault on woman advocate, issues interim directions

The Supreme Court on Monday took note of the brutal assault on a woman advocate allegedly by her husband 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.

A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi took suomotu cognisance after advocate Sneha Kalita wrote a letter to the CJI seeking urgent intervention and also for grant of compensation under the National Legal Services Authority (NALSA) victim compensation scheme.

The top court asked the investigating officer to look into the aspect of three hospitals refusing admission to the victim.

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

The bench was hearing a Suo Motu case titled ‘In Re: Brutal assault on a member of the legal fraternity and need for judicial intervention’.

During the hearing, Kalita told the bench that after the assault, the victim somehow managed to call her family and the PCR.

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

“Please find out why the hospitals denied emergency treatment to the victim,” the CJI told Bhati, after it was claimed that three hospitals refused admission to the victim who was later admitted to the AIIMS Trauma Centre.

The bench noted that the letter addressed by Kalita was received in the CJI’s office on Sunday.

Referring to the right of a suspect or an accused to have a fair investigation and also to ensure that no one should go scot free, the bench passed a slew of interim directions in the matter.

“The Commissioner of Police, Delhi, is directed to hand over the investigation to a fairly senior officer and preferably a woman officer in the rank of assistant/deputy commissioner of police,” it said.

The bench said in the complaint, there were allegations against the in-laws of the victim and they were stated to be absconding.

It also noted the victim has three minor daughters.

The bench said Kalita has informed it that after the assault, the in-laws of the victim took away her two minor daughters aged four years and one year along with them and their whereabout was unknown.

It noted that eldest daughter was aged 12 years and was allegedly abandoned at night outside the house by the husband and she was later on recovered by the police.

 The bench said the police would find out the whereabouts of the two minor girl children.

It said the custody of the eldest daughter shall continue with the maternal grandparents.

The bench asked Kalita to assist it as an amicus curia in the matter. It noted that the victim was taken to four hospitals and three of them refused admission.

It said one of the hospitals provided first aid to her and referred the case to other hospital.

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

It directed the investigating officer to submit a status report of the probe and posted the matter for hearing on May 11.

The accused, Manoj Kumar, a resident of Sonia Vihar, was arrested from Khajuri Khas area on Sunday, the police had earlier said.

Kumar allegedly stabbed his 38-year-old wife on April 22, they said.

“During interrogation, Kumar confessed to the crime and told police that he attacked his wife following a family dispute,” an officer said.

Domestic discord is believed to be the motive behind the attack, though investigators are examining all angles, the police said.