Supreme Court Takes Suo Motu Cognizance of Brutal Attack on Female Lawyer; Orders Probe Into Hospitals for Denying Emergency Care

The Supreme Court of India has initiated suo motu proceedings following a violent incident in which a female advocate practicing in Delhi was critically injured in an attack allegedly carried out by her husband. A Bench comprising Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi has mandated a high-level investigation into the assault and a specific inquiry into reports that several hospitals refused to admit the victim for emergency treatment.

Background of the Case

The incident occurred on Sunday night when the female lawyer was reportedly attacked with a sword at her husband’s office. The assault resulted in severe injuries to vital organs, leaving her in critical condition. Despite the severity of her wounds, it was alleged during the proceedings that the victim was denied admission by three major medical facilities—GTB, RK, and Kailash hospitals—before eventually being secured for treatment at the AIIMS Trauma Centre.

The Chief Justice noted that the Court took immediate action after receiving a letter regarding the attack on Sunday, emphasizing the need for both criminal justice and an examination of medical negligence.

Court Observations and Arguments

During the hearing, counsel representing the victim detailed the gravity of the assault, noting that the female lawyer managed to make emergency calls despite being brutally stabbed. The counsel highlighted the distressing fact that multiple hospitals initially refused to provide her with life-saving care.

Additional Solicitor General (ASG) Aishwarya Bhati informed the Bench that the accused husband has been arrested and a First Information Report (FIR) has been lodged under Section 109(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The victim has since been moved from AIIMS to a private hospital for further recovery.

The Bench expressed serious concern regarding the nature of the injuries and questioned why emergency medical services were withheld by the initial hospitals. The Court also observed that while the primary accused is in custody, other family members against whom allegations have been made are currently absconding.

The Court’s Directions

The Supreme Court issued a series of interim directions to ensure a thorough investigation and support for the victim:

  1. Senior-Level Investigation: The Delhi Police Commissioner has been directed to appoint a senior official, preferably a female officer of the rank of Superintendent of Police (SP) or Deputy SP, to lead the criminal probe.
  2. Medical Accountability: A formal investigation has been ordered into the refusal of GTB, RK, and Kailash hospitals to admit the victim during the emergency.
  3. Financial Relief: The Court directed the National Legal Services Authority (NALSA) to provide immediate financial assistance to the victim to cover medical expenses and the care of her three minor daughters.
  4. Child Custody: Noting that the children were abandoned by their father after the incident, the Court ordered that their custody remain with their maternal grandparents.
  5. Status Update: The police are required to submit a comprehensive status report on the investigation and the efforts to locate the absconding relatives by the next hearing.

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