Advocate Pracha moves court seeking preservation of raid footages
New delhi: Advocate Mehmood Pracha, one of the lawyers appearing in the Delhi Riots and Citizenship Amendment Act (CAA) cases has moved the Patiala House court in Delhi seeking preservation of copies of the video footage of the raids conducted by Delhi police at his office on Thursday.
Pracha has stated that the investigation by the police was video recorded by the police itself but they have refused to share the footage of the same with Pracha."The police beat me up and used force as well. But I am standing here because I want the minorities, ST, SCs and farmers of the country to see that the Constitution is here to save them," Pracha had told the media outside his office immediately after the Special Cell left after finishing a 16-hour raid.
Duty Magistrate Anshul Singhal has asked the Delhi Police to file its response to the plea by December 27. It also directed the investigating officer to be present in the court on the next hearing date along with the complete video footage of the search on Pracha's office premises.
Pracha has also prayed for the probe to be monitored by the court. As recorded in the order passed by the Duty Magistrate, Pracha told the court that the investigating officer threatened him that they will file false cases against him. He was, therefore, constrained to file an application under Section 156(3) of the Code of Criminal Procedure, seeking continuous monitoring of the case, Pracha submitted.
Pracha has submitted that investigating the agency "displayed an egregious example of lawlessness and illegalities under the guise of investigation during their attempt to search for articles under the orders of Chief Metropolitan Magistrate, New Delhi District."
Responding to the question by Millennium Post, Pracha had said that "we have to establish a legal action by the constitution is the best remedy."
He also said that the police had also shown him a revolver when he refused to let them seize his computers.
Meanwhile, the Delhi Police on Friday said Pracha and his associates created ruckus and did not cooperate with them during a raid at his office on Thursday.
Special Cell of Delhi Police said they are investigating a criminal case which relates to using of documents containing false, fabricated evidence and a forged notary stamp before a court during a bail proceeding. The case was registered pursuant to certain observations made by the special court handling the trial of cases about the north-east Delhi riots.
The investigation carried out established that there was the use of the forged notary stamp, standing in the name of an advocate who had passed away in 2017 and it was related to one advocate named Javed Ali. Also, there was the creation of false, fabricated evidence in reply to a notice issued under section 160 CrPC in a case and a concocted, fabricated complaint placed before the court in support of the bail plea related to Mehmood Pracha.
"These findings were supported by the witnesses of this case who had got recorded their testimonies under Section 164 Cr PC before the concerned courts," police said. Deputy Commissioner of Police (Special Cell) Manishi Chandra said investigating officer moved a request before the court and two separate search warrants under Section 93 CrPC were issued.
On December 24, two separate teams of officers of Special Cell were sent to the offices of advocates Javed Ali and Mehmood Pracha. "The team which went to the office of Pracha met stiff resistance and the advocate, despite being made aware of the court issued search warrant, kept arguing and making excuses so as not to cooperate with the investigating officer," DCP said.
Pracha was served as a written request to cooperate in locating the computer where the incriminating documents may be present. "However, not paying any heed to repeated requests advocate and his associates, started getting aggressive," the official said. A complaint regarding the conduct of Mehmood Pracha and his associates has been given to the local police station for inappropriate action.