SC notice to Centre over alleged custodial assault of woman advocate in Noida

Petition claims illegal overnight detention, sexual assault, and coercion by police; seeks FIR, independent probe, and protection for advocate

Supreme Court of India
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The Supreme Court on Friday issued a notice to the Centre on a writ petition filed by a woman advocate alleging she was illegally detained overnight at a Noida police station and subjected to custodial sexual assault, physical abuse, and coercion while performing her professional duties.

LiveLaw reported that a bench comprising Justice Vikram Nath and Justice NV Anjaria issued the notice, which is returnable on 7 January 2026. The petition, filed through Advocate on Record Anilendra Pandey, alleges violations of Articles 14, 19(1)(g), 21, and 22 of the Constitution.

According to the petition, the advocate, enrolled with the Shahdara Bar Association in Delhi, was detained for 14 hours at Police Station Noida Sector 126 beginning late on the night of 3 December 2025. She had visited the station to assist a client who had sustained serious head injuries and sought registration of an FIR. The petition claims the police refused to register the FIR despite a supporting medico-legal certificate and accorded undue deference to the parties associated with ABP News, highlighting alleged collusion.

The advocate alleges she was unlawfully detained without an arrest memo, judicial authorisation, or adherence to legal safeguards under Section 46(4) CrPC and established Supreme Court guidelines.

During her detention, male police personnel reportedly subjected her to sexual assault, physical manhandling, attempts to disrobe, sexually charged remarks, threats to her life, and intimidation with a firearm. She was allegedly denied food, water, legal assistance, and access to her family.

The petition further alleges that police coerced her into disclosing mobile phone passwords and deleting digital evidence, while CCTV cameras at the station were disabled or removed, contravening Supreme Court directions regarding CCTV monitoring in police stations.

Following her release, the advocate lodged complaints with senior police authorities and the National Human Rights Commission (NHRC), which registered the incident under the category of custodial violence. The petition notes that no FIR has been filed and that police officials continue to allegedly threaten her with false cases.

The plea emphasises the systemic nature of the alleged violation and urges the Supreme Court to issue national guidelines to safeguard the dignity and safety of women advocates. It seeks directions for registration of an FIR against the officers involved, transfer of the investigation to an independent agency such as a Special Investigation Team or the CBI, initiation of disciplinary proceedings, and protection for the petitioner.