Police urge trial judge to inspect Pracha’s office

According to the police, Pracha, who represents at least 80 accused and victims in the north east Delhi riots cases, threatened the team that had raided his office and did not allow them to seal a suspect computer, which might have several crucial pieces of information.

The special cell of the Delhi police on Sunday urged a trial judge to inspect the office premises of advocate Mehmood Pracha, who, they alleged, prevented the investigators from confiscating a “primary evidence” against the lawyer in connection with a Delhi riots-related forgery case.

The investigating agency opposed the plea by Pracha to receive a copy of the videography footage of the raid, saying that Pracha is “an accused” and that he cannot seek this evidence only as owner of the premises. (HT file photo)

According to the police, Pracha, who represents at least 80 accused and victims in the north east Delhi riots cases, threatened the team that had raided his office and did not allow them to seal a suspect computer, which might have several crucial pieces of information.

The police also sought to explain the circumstances in which a fresh FIR against Pracha was registered under charges of obstructing the officials, stating that the lawyer along with his associates presented “stiff obstruction and criminal intimidation” when they proceeded to seal and seize the suspect computer.

The investigating agency also opposed the plea by Pracha to receive a copy of the videography footage of the raid, saying that Pracha is “an accused” and that he cannot seek this evidence only as owner of the premises.

Countering this, Pracha said that he had sought the video footage as an applicant whose premises has been raided and not as an accused. He maintained that he hasn’t been named as an accused by the police.

Duty magistrate Udbhav Kumar Jain, however, accepted the contentions of the Special Cell and refused to supply the copy of the video footage at this stage. He said that the concerned chief metropolitan magistrate (CMM) will take a call on the supply of footage when the matter is taken up next on January 5.

The magistrate asked the police to preserve the video footage under the seal of the court and place it before the CMM court.

On August 22, the Karkardooma court had passed a direction to look into the allegation leveled by a complainant Irshad Ali, mentioned in a police report where he had claimed that he was asked to depose falsely by advocate Pracha. Ali also told police on August 12 that he had falsely named three persons --- Navneet, Deepak and Mintu.

Following this, an FIR was registered by the special cell against unknown persons. In connection to this, a raid was carried out at the office of Pracha on December 24, which according to the lawyer went on for 15 hours.

On Sunday, the police moved its application under Section 310 of the Code of Criminal Procedure (CrPC) which allows a judge to inspect any place in which an offence is alleged to be have been committed for appreciating the evidences.

The police also told the court that they have stumbled upon the particular e-mail, which was sent by the lawyer’s office to several senior police officers in the name of one Sharif Malik about a riots case even though Malik denied having sent any email to authorities.

Pracha, on his part, has alleged overtures by the special cell officials under the guise of the warrant to search his official premises, and transgressing the attorney client privilege by taking away data from his computers.

Meanwhile, the Bar Council of Delhi has also written to the union home minister, complaining against the manner in which Pracha’s office was raided and apprehended breach of the privileged communications between Pracha and his clients.

The bar council has said that in this case they are not going into the depth of facts-related information, but the 15-hour search conducted by the police inside the lawyer’s office is against the understanding between the representatives of the bar association/bar council and the Delhi police that in case of any case against an advocate, the bar body will be informed and taken into confidence.