Delhi High Court Rejects CBI Probe Plea Over Assault on Lawyers at BCI Office

The Delhi High Court has rejected a writ petition seeking a CBI investigation into an alleged assault on advocates who were protesting against Bar Council of India Chairman Manan Kumar Mishra at the BCI premises.

Petitioners' case

The petition arose from an alleged assault on lawyers during a protest at the Bar Council of India office on the intervening night of August 20 and 21. The petitioners sought transfer of the investigation to the CBI.

Maintainability objection

Justice Girish Kathpalia held that the lawyers should first approach the jurisdictional Deputy Commissioner of Police and, if necessary, the competent magistrate before asking the High Court to exercise writ jurisdiction.

The Court also expressed respectful disapproval of the submission that Delhi Police could not act impartially because Mishra is a sitting MP from the ruling party, while the CBI could.

Result

The petition was rejected as not maintainable in its present form. The order does not determine whether the alleged assault occurred or whether any individual is criminally liable; it leaves the petitioners to pursue the ordinary statutory process.