Pracha's objections in vain, raids OK'ed
New Delhi: Holding that the "collection of evidence is intrinsic to the investigation and hands of the investigators cannot be tied to prevent them from collecting evidence", a Delhi court on Thursday held the objections raised by Advocate Mehmood Pracha as "baseless" and allowed the Delhi Police to continue its raids on his office.
Chief Metropolitan Magistrate Dr Pankaj Sharma in his order noted that Advocate Pracha cannot dictate the Investigating Officer (IO) about the mode and manner for collection of evidence in an investigation, stating that: "If the IO feels that 'target data" is to be retrieved from its source which is hard drive of the computer of the applicant for the purpose of investigation, the said decision of the IO cannot be interfered with by the Court nor accused can dictate him as to how evidence is to be collected, if it is clear that the other data can be protected from being interfered with by the IO".
With regard to Pracha's concern regarding the creation of "evidential vulnerabilities" by police accessing the data of his other clients, the court was convinced that through the use of forensic tools, it was possible to safely segregate the "target data" from the other data without any interference or alteration while keeping its authenticity and integrity and at the same time "ensuring the admissibility of the 'target data' without evidential vulnerabilities".
Pracha is representing many north-east Delhi riots victims who have accused police of complicity.
With regards to the reliance placed upon section 126 of Indian Evidence Act and Bar Council Conduct Rules by Pracha, the court said this was "misplaced" as both the laws envisage voluntary sharing of data or communication by the Advocate or deposing against the client.
"The situation is different in this matter as the data is to be collected by the police on account of investigation in a criminal case," CMM Sharma said, adding that Pracha's plea is beyond the scope of Section 126 of the Indian Evidence Act.
Meanwhile, Advocate Pracha on Friday moved a Sessions court challenging the magisterial court's order. The matter is likely to be heard today (Saturday) at 10 am.
During the hearing on Friday, Pracha submitted that a local commissioner be appointed who will take the computer and subsequently extract the data in the presence of a Magistrate.
Advocate Pracha had moved a plea before court after the second raid carried out at his office by the Special Cell on March 9 in pursuance of an investigation where he has been accused of tutoring a witness in connection with a Delhi riots case.
