IN THE HIGH COURT OF DELHI AT NEW DELHI
W.P.(C) 1917/2026
COURT ON ITS OWN MOTION .....Petitioner
Versus
GOVERNMENT OF NCT OF DELHI & ORS. .....Respondents
Through: Mr.Sanjay Lao, Standing Counsel (Criminal) GNCTD with Mr.Abhinav Kumar Arya, Adv. with DCP Raja Banthia (through VC) and Insp. Banwari Lal, SHO PS Subzi Mandi in person.
Mr.Chetan Sharma, ASG/Chairman (Special Committee BCD) with Mr.T.Singhdev, Mr.Amit Gupta and Mr.Bhanu Gulati, Advs.
Ms.Anu Bagai, Nominated Counsel for DHC with Ms.Aanchal Pundir, Adv.
CORAM:
HON’BLE THE CHIEF JUSTICE
HON'BLE MR. V. KAMESWAR RAO
HON'BLE MR. NITIN WASUDEO SAMBRE
ORDER
09.02.2026
1. This Larger Bench has assembled pursuant to the orders of the Division Bench of this Court dated 09.02.2026.
2. On our request, learned Standing Counsel (Criminal), GNCTD, learned Additional Solicitor General of India, who is presently the Chairman of the Special Committee of the Bar Council of Delhi and learned counsel representing the Delhi High Court are present.
3. Learned counsel, in unison, have expressed their concern about the reported incident and have categorically stated that such incident, if it had occurred, not only threatens security the individual lawyers practicing in the Courts, but also erodes the dignity and propriety of the proceedings of the Courts. Since the reported incident has larger ramification and consequences, we direct that the President, Delhi Bar Association, Tis Hazari Courts, Delhi, the Commissioner of Police, Delhi, the Deputy Commissioner of Police, North District, Delhi and Delhi Bar Council, be impleaded as party respondents.
4. Mr. Sanjay Lao, learned Standing Counsel (Criminal), GNCTD, on instructions, has stated that the police authorities have received two rival complaints and on the basis of said complaints the process of registering the FIRs has been initiated. He further assures the Court that on the basis of the said complaints, the FIRs will be lodged under appropriate sections of Bharatiya Nayaya Sanhita, 2023. He has further stated that a thorough inquiry/investigation into the reported incident shall be conducted with all sincerity, and accordingly, a report shall be submitted to this Court.
5. Mr. Raja Banthia, DCP (North) is present in these proceedings through video conferencing. He has stated that the FIRs are being registered and assures the Court that all possible measures to appropriately investigate/inquire into the incident reported to the Delhi Police shall be taken.
6. We request the concerned learned Principal District & Sessions Judge to submit a report into the alleged incident after making inquiries from all concerned including the Presiding Officer of the Court concerned, within 24 hours through the Registrar General of this Court.
7. The lawyer, who appeared before the Division Bench, which has passed the order taking suo-motu cognizance of the matter, is, however, not present. The order dated 09.02.2026 passed by the Division Bench, though, reflects that he had expressed certain apprehensions about his personal safety. Accordingly, we direct the learned DCP (North) to provide him adequate round the clock security, which shall, however be subject to review of the threat perception to the Advocate concerned after 10 days.
8. Since the reported incident is not only in relation to certain criminal acts rather it reflects upon the misconduct of the lawyer(s), therefore, we direct that cognizance of the said incident be taken by the Bar Council of Delhi in terms of Section 35 of the Advocates Act, 1961, and accordingly, after conducting an inquiry the report shall be submitted to this Court.
9. We also direct the Commissioner of Police, Delhi to take stock of the security situation in all the District Courts, including the Courts at Tis Hazari Court Complex. He is also directed that he shall take appropriate steps to enhance the security bandobast in each district Courts in consultation with the respective Principal District & Sessions Judges, within 24 hours.
10. The investigation of the FIRs shall be conducted by an officer of the rank of Assistant Commissioner of Police under the direct supervision of the DCP concerned.
11. The DCP and the Investigation Officer of the FIRs, which are being registered, shall be present for our assistance along with the case diaries on the next date of listing.
12. List on 24.02.2026 at 04.00 PM.
13. The Registry is directed to communicate this order to all concerned forthwith.
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