The Supreme Court on Monday directed the Delhi Police to investigate allegations of assault on lawyers who protested at the Bar Council of India (BCI) premises in August against its Chairman, Manan Kumar Mishra. The Court ordered that the investigation be headed by an officer of the rank of Deputy Commissioner of Police (DCP) and that a report be submitted to the jurisdictional magistrate.
A Bench comprising Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi and Justice V Mohana clarified that the investigation must not be influenced by the Delhi High Court’s earlier observations.
Stressing that the upcoming inquiry must remain untainted by the High Court’s previous remarks, CJI Kant emphasized that carrying out an investigation is the statutory responsibility of the police. Furthermore, dismissing the High Court’s stance that the complaint lacked a cognizable offense, the CJI unequivocally remarked that acts of physical assault certainly constitute a cognizable offense.
The matter concerns an alleged assault on lawyers who staged a demonstration at the BCI office on August 20-21, 2026, demanding Mishra’s resignation. The protest followed a controversial BCI directive barring the enrolment of NALSAR University’s 2026 graduating batch over campaigns against CJI Surya Kant. The directive was subsequently withdrawn amid criticism.
According to the complaint, around 20-30 persons arrived at approximately 1:15 am on August 21 and assaulted the protesting lawyers. A complaint was submitted to the police on August 22, alleging unlawful assembly, rioting, trespass, criminal intimidation and conspiracy. The complainants also sought preservation of CCTV footage. However, no FIR was registered.
The lawyers subsequently approached the Delhi High Court seeking a CBI or independent agency probe. The High Court dismissed their petition on September 21, observing that the complaint did not disclose a cognizable offence and that they had not first approached the concerned DCP or magistrate.
During Monday’s hearing, advocate Prashant Bhushan, appearing for the petitioners, argued that the Delhi Police could not be expected to investigate impartially. The Bench questioned whether the same apprehension could apply to the CBI.
The Court emphasised that the alleged incident required investigation and said the methodology was the primary concern. It directed the Delhi Police Commissioner to ensure a proper probe by a senior DCP-rank officer.
The Bench also clarified that the petitioners could approach the Supreme Court again if dissatisfied with the investigation.
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