New Delhi, Mar 26 (ILNS) Advocate Mehmood Pracha today moved the Sessions Court, challenging a trial court order, which had turned down his plea against the second raid conducted on his office in search of some data in pursuance of its probe in the Delhi riots case.
Additional Sessions Judge Dharmendra Rana at Patiala House Court, while refusing to grant any interim relief, slated the matter for further hearing on March 27.
Earlier on Thursday, a Magistrate Court turned down the plea filed by Advocate Pracha against the second raid on his office. Chief Metropolitan Magistrate Dr Pankaj Sharma, while disposing of the application, said that the allegations levelled by Pracha were ‘baseless’.
“Let the search warranted be executed in accordance with law,” the court said, while noting that the collection of evidence is intrinsic to the investigation and hands of the investigators cannot be tied to prevent them from collecting evidence.
“The collection of data from its source is done to ensure its admissibility during trial and it is imperative for the IO to collect the best form of evidence during investigation as per its own discretion,” the order read.
Earlier this year, a raid at Pracha’s office was undertaken by the Delhi Police in connection with an FIR alleging that he had tutored a witness to initiate a false Delhi Riots case. In his application, Pracha prayed for directions to protect the privileged communication with his other clients on his laptop/hard disk in terms of Section 126 of Evidence Act.
Opposing the application, the Prosecution argued that Pracha’s application was not maintainable as it was not borne out of any provision of law. SPP Amit Prasad also contended that lawyers could not be differentiated in criminal investigations and thus protection under Section 126 could not be claimed.
Pracha had moved the Court against the second raid conducted by the Special Cell of Delhi Police in his office on March 9, calling the whole exercise as “completely illegal and unjustified”. The Advocate has been representing many accused persons in the Delhi Riots conspiracy cases that broke out in February last year. ILNS/ANB/SNG/RJ