Mehmood Pracha Office Raids- Delhi Court Asks The Police To Address The Concern On Lawyer-Client Privilege While Receiving Data

Noting the consent given by Advocate Mehmood Pracha for furnishing data through pen drive to the Delhi Police's Special Cell, a Delhi Court on Friday sought response of the Investigating Officer by 19th March 2021 on how it proposes to receive the "target data"of the pen drive without creating any evidentiary vulnerability and retrieval of target data without any alteration or disclosure to other data relating to Mr. Pracha's clients.

Chief Metropolitan Magistrate Pankaj Sharma ordered thus:

"Given the consent by the applicant for furnishing data through pen drive or through computer, how the prosecution proposes to:

1. Recieve target data of the pen drive without creating any evidentiary vulnerability.

2. Retrieve target data without any alteration to the meta data associated with the target data to prevent further evidential vulnerabilities without any disruption/interference/disclosure to other files/ data stored in hard disk relating to other clients of applicant and IO to file its response regarding the abovesaid queries on or before 19th March 2021."

At the outset, the Court also observed that "From the legal stand point, the said concern relating to protection of privilege communication being passed on to the police has to be addressed by preventing the same to be passed on/ collected by IO. The protection available under sec. 126 of Indian Evidence Act makes it imperative that the Court protects the data/files relating to communication of clients with applicant stored in the hard disk from interference of police while collecting target data." 

In view of this, the Court opined that the issue of retrieval of target data without interference with the other data stored in the hard disk has to be meticulously looked upon and at the same time, obtaining target data without creating any evidentiary vulnerabilities to future purpose has to be considered because it is important for the IO to maintain authenticity and integrity of target data.

The matter will now be heard on 19th March 2021.

The order came after the Court vide order dated 10th March 2021 stayed the operation of the search warrant issued by the Delhi Police's Special Cell against Mehmood Pracha till the pendency of his application.

Background

Advocate Mehmood Pracha moved the application against the second raid conducted by the Special Cell in his office on 9th March, thereby calling the whole exercise as "completely illegal and unjustified". Pracha has been representing many accused persons in the Delhi Riots conspiracy cases that broke out in February last year.

While alleging that the sole objective of conducting the second raid was to illegally steal the entire data of the sensitive cases he has been dealing with, Pracha in his application contended that he is going to the extent of risking self-implication even in derogation of his Fundamental Right only for the sake of protecting the data and information pertaining to his clients and briefs which he is duty bound to protect as an advocate.

While arguing in the Court, Advocate Pracha had submitted thus:

"It is my fundamental and constitutional right to protect the interest of my clients. To save their integrity. They have deliberately put my and my clients life under threat. This is also sensitive data. They want to act under their political masters. I cannot give such data. If you want to hang me, do it. But I cannot sacrifice my attorney privilege communication."

At the outset, the judge asked SPP Amit Prasad about a possible solution in this matter. To this, SPP proposed to give a second mirror copy of the original data in question which Advocate Mehmood Pracha would be free to delete the relevant portions concerning his clients.

Denying the said proposal, Advocate Pracha submitted that it is very easy for the Special Cell to retrieve the data later on and that this will not be a feasible option in this case.

"I am offering my neck to save my clients life. I am willing to face Gallows for protecting my clients life. I am ready to be the lamb. Tell your political masters to hang me. But I will not let them harm my life. Come what may." Advocate Mehmood Pracha had submitted in the last hearing.

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