Office Raid Against Advocates Mehmood Pracha and Javed Ali:BCD Writes To Home Ministry For Immediate Action

The Bar Council of Delhi has written to the Union Home Ministry seeking immediate action in the wake of the cases against advocates Javed Ali and Mehmood Pracha and the search at their offices a few days ago.

The lawyer body has sought to bring to the notice of the Ministry two important aspects of the matter in the eyes of the law – firstly, sections 126 to 129 of the Indian Evidence Act, which contains the privileges to a legal practitioner in so far as the communications to his client is concerned, which fall within the category of privileged communications.

The attention of the Ministry is invited to the Bar Council of India Rules in this behalf, particularly Rule 17 of Part VI, Chapter 2 Section 11, which provides that an advocate shall not, directly or indirectly, commit a breach of the obligations imposed by section 126 of the Indian Evidence Act.

"We think the provisions of law cannot be ignored", it is urged.

Secondly, it is pointed out that there has been an 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 Association/Bar Council representatives will be informed and taken into confidence. This broader understanding is to maintain harmony and cordiality between two wings of justice delivery system. It is pointed out that this has not been followed in the present case. "While we do not want to go to the various aspects of the matter, apparently the action of the Delhi Police falls short on these aspects, which is a very serious matter as far as the legal community is concerned ", it is pressed

The letter points to the "anguish and anger among the legal community", primarily because it goes to the "very root an independent discharge of responsibility by an advocate", as provided under the Constitution of India being integral part of the justice dispensation system, the Advocates Act of 1961 and the Bar Council of India Rules.

"It calls for an immediate action at your end in the present situation", it is prayed.

The Special Cell of the Delhi Police on Thursday raided the office of Mehmood Pracha, an advocate is representing many accused in the Delhi riots conspiracy cases.

The Delhi Police has reportedly said that the raid was based on a warrant from a local court to search for "incriminating documents" and "metadata of outbox" of the official email address of Pracha's law firm.

Special Cell has registered an FIR against Mehmood Pracha under sections 186, 353 and 34 IPC at Nizamuddin PS for allegedly obstructing a public servant from discharging public duty by using criminal force