Delhi High Court Denies CBI Probe Request in Lawyer Assault Case
The Delhi High Court, on Monday, dismissed a petition seeking an inquiry by the Central Bureau of Investigation (CBI) into an alleged attack on lawyers protesting against Manan Kumar Mishra, Chairman of the Bar Council of India (BCI). The incident reportedly occurred at the BCI premises during the night of August 20-21, 2026. The case, Kunal Yadav & Ors v. Manan Kumar Mishra & Anr, was presided over by Justice Girish Kathpalia.
Justice Kathpalia ruled that the petition was not maintainable, emphasizing that the lawyers should have initially approached the jurisdictional Deputy Commissioner of Police (DCP) and subsequently the concerned magistrate, rather than directly seeking the Court’s writ jurisdiction. The Court expressed “respectful disapproval” of the petitioners’ claim that the Delhi Police would be biased due to Mishra’s political affiliation as a sitting member of parliament (MP) from the Bharatiya Janata Party (BJP).
The Court stated, “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, especially when petitioners’ own case fails to make out a cognizable offence.” Furthermore, the Court noted that the CBI, also a government entity, could not be expected to act differently without substantial grounds.
Justice Kathpalia further advised against discrediting government organizations with “general, sweeping and baseless allegations,” as this could foster cynicism and distrust among the public towards the legal system.
The petitioners, comprising approximately ten advocates, alleged that they were attacked by a group of 25-30 men, some dressed as lawyers, at the BCI office while protesting a controversial BCI directive. This directive had initially barred the enrolment of NALSAR University’s 2026 graduating batch before being retracted. The petitioners argued for a CBI investigation, citing doubts about the impartiality of the Delhi Police due to Mishra’s political position.
However, the Court concluded that the complaints did not establish a cognizable offence. The alleged actions, involving unarmed assailants, were deemed to constitute a non-cognizable offence of causing hurt, which falls under the jurisdiction of a magistrate rather than a higher investigative body. Consequently, the petition was dismissed as not maintainable.
Representing the petitioners were Advocates Prashant Bhushan, Anurag Tiwary, and Anushka Singh, while Advocate Amol Sinha appeared for the State. Advocates Simran Kumari, Virat Raj Mishra, and Pooja represented the BCI.
