Delhi HC dismisses plea seeking CBI probe into violence against young lawyers

The petitioners said they had complained on August 22 against the BCI, the SHO of PS IP Estate and the President of the Delhi High Court Bar Association, but no action followed.

The Delhi high court on Monday dismissed a petition seeking a Central Bureau of Investigation (CBI) probe into allegations of targeted violence against young lawyers by an unidentified mob during a protest at the Bar Council of India (BCI) premises on August 21, holding that the plea was not maintainable as the petitioners had an alternative and efficacious remedy.

Justice Girish Kathpalia said the petitioners had not approached the concerned DCP or the magistrate under Section 223 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

Justice Girish Kathpalia said the petitioners, including practising advocate Kunal Yadav, had not approached the concerned DCP or the magistrate under Section 223 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).

“No case has been set up by the petitioners to satisfy this court if the SHO concerned is guilty of negligence or inaction. Admittedly, to date no complaint has been lodged by the petitioners before the concerned DCP (equivalent in Delhi to the Superintendent of Police), what to say of approaching the concerned magistrate under Section 223 BNSS,” the court said.

The court added, “To conclude, the petitioners have an alternate efficacious remedy available to them in the form of filing a complaint case in the court of the concerned magistrate under Section 223 BNSS, so I do not find it a fit case to issue mandamus to any authority to register the case and investigate.”

The petitioners said they had complained on August 22 against the BCI, the SHO of PS IP Estate and the President of the Delhi High Court Bar Association, but no action followed. The BCI was represented by advocate Shoumendu Mukherji, senior panel counsel.

In its 13-page order, the court rejected Yadav’s apprehension that Delhi Police would not act fairly because BCI Chairman Mishra is a BJP MP. It said no material had been placed to substantiate the allegation.

“No basis has been submitted to buttress this apprehension. In the absence of any specific basis, it is not fair to tarnish the entire Delhi Police force in this manner,” the court said, cautioning against “general, sweeping and baseless allegations” that could create public cynicism and distrust in government institutions.

The controversy followed Mishra’s direction to State Bar Councils not to enrol students who protested an invitation to the CJI for their university convocation. The direction was withdrawn, proceedings against the students were closed, and Mishra later apologised.

On August 18, the Bombay Bar Association rejected the apology and sought Mishra’s resignation. On August 14, the All India Young Advocates Association had called for a peaceful demonstration outside the BCI office on August 20.