Mehmood Pracha Office Raids- Delhi Police To Examine His Offer Of Sending Documents To Authorities Under Client's Instructions

The Delhi Police this week told a Delhi Court that it will examine the offer made by Advocate Mehmood Pracha to admit the drafting and sending the relevant documents to the concerned authorities in connection with a North East Delhi riots case under instructions of his client.

Additional Sessions Judge Dharmender Rana was hearing a revision petition filed by Pracha challenging the CMM'S order rejecting his application challenging Delhi Police Special Cell's raids in his office.

It was submitted by Pracha that in order to protect the rights and interest of his other clients he was ready and willing to send the documents to the authorities and that there was no purpose of conducting the search in the matter.

On the other hand, Special Public Prosecutor Amit Prasad sought a short adjournment to examine the offer and thereafter address arguments before the court.

Accordingly, the matter was adjourned to November 15 for the purpose of hearing the arguments.

The subject matter of the controversy is that an email concerning a complaint dated May 9, 2020 of one Sharif Malik and a reply to the notice issued to one Irshad Ali dated May 22, 2020 were drafted by Pracha and sent to various authorities which was the subject matter of investigation qua case FIR No. 120/20 PS Dayal Pur.

Earlier, the Court had appointed the youngest counsel in the Court to be the local commissioner under whose supervision the process of seizing and sealing of the computer source from Pracha's office was required to be undertaken by the IO in the matter.

About the Case

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.

During the previous proceedings, Advocate Pracha had submitted in the Court that:

"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."

"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.

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