Shweta Tambade
The Delhi HC has instructed the Delhi Police to store the video footage recorded during the search carried out at Advocate Mehmood Pracha’s office last week.
Pracha is representing various accused in the North East Delhi riot cases.
Duty Magistrate Udhav Kumar Jain had not ordered on handing over the copy of the video to Pracha. But, instructed the police to preserve the footage with its seal and put it before the concerned court for necessary orders.
In an order passed on Sunday, the court stated that:
“… the video, which is the bone of contention, was recorded to ensure fairness while the search was being made… At this stage, only directions for preserving the video footage are deemed necessary. The court concerned can take a call on supplying the video footage to the applicant at an appropriate stage.”
Pracha made an application to the court alleging that the investigating officer had threatened him while a search conducted in his office
The Special Cell had searched his office after an FIR was filed in August against Pracha alleging false evidence and use of forged notary stamps to secure bail of an accused in the riot case.
The police have also noticed that the complaint letter used to get bail in the case was sent from Pracha’s computer in the office.
Pracha, in his application, has said that on 24 and 25 December, after the search was conducted, the Investigating Officer should have informed about the search immediately and should have taken the articles to the magistrate. But it was not done.
Advocate Pracha also claimed that he was entitled to a copy of the footage.
Some officials in the Bar Council of Delhi have also written to the Union Home Minister Amit Shah to act on the search conducted in the advocate’s office.
In the letter written by vice-chairperson of BCD – Himal Akhtar and members KC Mittal and Rajiv Khosla, they said that there is an understanding between representatives of the Bar Association/Bar Council and the Delhi Police that in case of any case against an advocate, the body will be taken into confidence.
“This broader understanding is to maintain harmony and cordiality between two wings of the justice delivery system. This seems to have not been followed in the present case. While we do not want to go into 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 stated.