NEW DELHI: A Delhi court on Sunday directed police to preserve the video footage of the search conducted at the premises of advocate Mehmood Pracha. However, it did not pass any order on whether to hand over a copy of the video to hime.
Pracha is representing some of the accused in northeast Delhi riot cases. Duty Magistrate Udhav Kumar Jain directed to preserve the entire video footage of the search with its seal and place it before the court concerned for necessary orders.
The judge said that at this stage, only directions for preserving the video footage is “deemed necessary and the concerned court can take a call on supplying the video footage to the applicant Pracha at an appropriate stage”.The court has listed the matter for January 5 before the court concerned.
The video footage was submitted by the investigating officer (IO) in response to an earlier court order. The court is hearing an application by Pracha in which he has said that he was threatened by the IO that a false case will be registered against him.
Pracha had submitted that a search was conducted at his office from December 24 noon till around 3 am on December 25, and according to law, the IO should have intimated forthwith the search and the seized articles to the magistrate concerned.
The advocate further submitted that the entire search was videographed as per a court order and that he was entitled to a copy of the video footage. The Delhi Police had alleged that lawyer Pracha forged documents and instigated a man to depose falsely in connection with a case related to the violence in northeast Delhi in February this year.
Meanwhile, some office bearers and members of Bar Council of Delhi on Sunday urged Union Home Minister Amit Shah to take action regarding the search conducted by Delhi Police at the premises of Pracha.
In a letter to Shah, the lawyers said 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.
The letter was written by BCD vice chairman Himal Akhtar and its members K C Mittal and Rajiv Khosla.
Delhi Police comes under the under the Ministry of Home Affairs.
"This broader understanding is to maintain the harmony and cordiality between two wings of Justice Delivery System. This seems to have not been followed in the present case. While we do not want to go to 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."
"We notice anguish and anger amongst the legal community, primarily because it goes to the very root and independent discharge of responsibility by an advocate," the letter said.
"It calls for an immediate action at your (Shah's) end in the present situation," it added.
According to Pracha, a search was conducted at his office from 12 pm on December 24 and till 3 am on December 25 approximately.
Delhi Police had alleged that Pracha forged documents and instigated a man to depose falsely in connection with a case related to the violence in north-east Delhi in February this year.
Advocate Pracha has been representing various accused and complainants in connection with the violence in north-east Delhi in which at least 53 people were killed and several were injured.
(With PTI Updates)