It’s ‘clearly an act of vindictiveness’, victims allege police pressuring to disengage Adv Pracha
No matter how much I am harassed, I will see to it that the real culprits involved in North East Delhi riots are punished. I am not afraid of anybody,” declares senior advocate Mehmood Pracha after his office in East Nizamuddin was raided by more than four dozen sleuths of Delhi Police Special Cell on December 24, 2020, from 12:30 pm till 2:30 am, in connection with an alleged forgery complaint.
The raids at the offices of Adv Pracha and Adv Javed Ali have sparked wide outrage and condemnation of the Delhi police, which has already been facing sharp criticism for its alleged “highly prejudiced” investigation of the February North East Delhi riots cases. The latest action of the police has further enraged lawyers as well as civil society and Muslim groups.
The legal fraternity called the raid “illegal” and “in contravention of all canons of protection available to a client and his lawyers”. While the civil society groups dubbed the “raid culture’’ followed by the government agencies a dangerous trend, which would hamper the criminal justice delivery system. Even a group of Delhi riots victims came out in support of Advocate Pracha, alleging that the police was pressuring them to file false complaints against him and to withdraw Pracha as their attorney, who is representing over 80 victims’ cases free of cost.
The way the Delhi Police has been conducting its investigation into Delhi violence raises very disturbing questions and its latest action on victims’ attorneys is seen as a direct attack on the fundamental right to legal representation.
Sensing the gravity of the police action, several lawyers’ bodies and legal luminaries expressed “deep shock, concern and dismay” on the “arbitrary, illegal and brazen exercise of brute power by the police and action taken by them contrary to law against members of the legal fraternity.
In a strongly worded statement, the Supreme Court Bar Association (SCBA) termed the search and seizure as a “malicious act”. SCBA said that such acts “defeat the rights of an advocate to practise his profession without fear or favour”.
“Such acts are intimidatory and designed to abuse the due process by coercing an advocate to succumb to police threats and methods unheard of in legal annals,” SCBA said in a statement signed by its secretary Rohit Pandey.
The statement also criticised the magistracy, saying, “The grant of a search warrant by the Magistracy to search a lawyer’s office in a routine mechanical manner, particularly in respect of a lawyer’s communication and correspondences, is antithetical to rule of law and constitutes a disturbing violation of this privilege directly affecting the administration of justice.”
BAR COUNCIL OF DELHI
In a letter sent to the Union Home Minister, the Bar Council of Delhi (BCD) has drawn attention of authorities towards Sections 126 to 129 of Indian Evidence Act that provide that no advocate or attorney will be forced to disclose communications made by his client or advice given by him to his client. Seeking action against the policemen involved in raids, the BCD has also drawn the attention of the Minister towards Bar Council of India Rules in this behalf that says that “an advocate shall not, directly or indirectly, commit a breach of the obligations imposed by Section 126 of the Indian Evidence Act”.
It also underlined the understanding between the representatives of the Bar Associations/ Bar Council and the Delhi police that “in any case against an advocate, the Bar Association/ Bar Council representatives will be informed and taken into confidence”.
Section 129 of Indian Evidence Act clearly states that no one shall be compelled to disclose to a court any confidential communication between him and his advocate.
Women lawyers also expressed grave concern over the investigating agencies arraigning lawyers as accused in criminal cases. Their association Delhi High Court Women Lawyers Forum wrote a letter to the Delhi High Court Bar Association (DHCBA), stating that the conduct of the investigating agency is “clearly an act of vindictiveness” which is aimed at preventing lawyers from carrying out their professional duties.
The letter reads, “Raids in the office of Mr. Mahmood Pracha, Advocate is the latest example of such intimidation by the Delhi Police. Mr. Pracha is representing several accused persons in the recent riot cases in Delhi. The recent trend indicates that there are other lawyers too who are being intimidated and discouraged from representing their clients in these cases. However, this is also a larger issue that goes beyond the riots case, wherein lawyers who are vocal about defending civil liberties are being systematically targeted.”
Several legal luminaries also asserted that the Police action amounts to a breach of attorney-client privilege given the related cases Pracha is appearing in, and described it as an attempt to create pressure on lawyers fighting for the rights of several riots victims and accused.
Former additional solicitor general Indira Jaising underlined: “The omnibus raid is also an attack on the attorney-client privilege that Mr Pracha is entitled to, especially for those being represented by him in connection with the February riots cases. What has now happened with Mr Pracha appears to be a continuing trend of attacking the basic right of legal representation by attacking their lawyers.”
In a press statement, however, Delhi police denied allegations. Deputy Commissioner of Police (Special Cell) Manishi Chandra said that searches were conducted at the office of Pracha as also another advocate-Javed Ali in connection with an FIR No 212/20 registered on August 22, 2020 at Delhi Police Special Cell.
Delhi Police also registered a case at Hazrat Nizamuddin police station against Pracha on charges of obstructing government officials from doing their duty.
It has been widely reported that the Delhi police, which is under Union Home Ministry, functioned in tandem with their political bosses, allegedly ensuring that some investigations resulted in the victims being targeted as accused and the accused kept away from the radar of investigation.
VICTIMS DEBUNK POLICE VERSION
Just a day after the police raids, a group of Delhi riots victims came forward in support of Adv Pracha and addressed a press conference at the Press Club of India. They alleged that the police was pressuring them to file false complaints against Advocate Mehmood Pracha. They also alleged that the police threatened them to withdraw complaints and did not file cases.
Sahil Parvez stated, “Police officials and authorities did not listen to me while preparing medico-legal certificates or first information reports. Even though I named the rioters, no action was taken against them.” Parvez’s father was allegedly shot dead by rioters during the February violence which claimed 54 lives and injured over 400 people.
Another victim Mohammad Wasim said, “We sought Pracha’s help and were later threatened by police officials at Jyoti Nagar police station to withdraw our case.
“Police also told us that the person (Pracha) who was going to help us would also be implicated and killed,” claimed Wasim, who was seen in viral video showing police assaulting a group of residents and forcing them to sing the national anthem. He said the police refused to register an FIR in the case.
Several victims, who spoke with the media, alleged that the police were regularly asking them to disengage Adv Pracha and added that Pracha has provided them with legal assistance for free.
However, Delhi Police spokesperson Anil Mittal said, “All such allegations are false and baseless. Investigation into cases is being done solely on merits.”
MUSLIM GROUPS
Expressing grave concerns over the “raid culture’’ followed by the government agencies, prominent Muslim groups also condemned the police raids.
Speaking with Radiance Viewsweekly, Jamaat-e-Islami Hind (JIH) Vice President, Prof Salim Engineer described the raids as “an act of vengeance and intimidation”.
“There is a visible pattern in the recent arrests by the Delhi Police. It appears as if the police want to send a message that those who take up cudgels on behalf of victims of injustice and police high-handedness will have to face inquiries, raids and arrest,” he added.
While Secretary General of All India Milli Council, Dr Manzoor Alam said it is a highly condemnable act of Delhi Police to target a lawyer who is carrying out his professional duty.
Expressing solidarity with Pracha, Popular Front of India said the raid is part of the harassment against him for representing the victims of “Sangh Parivar sponsored” North East Delhi violence. PFI functionary Mohammed Shakif said, “The fabricated cases and the harassment against Adv. Pracha proves that the same forces who organised the carnage are now trying to interrupt justice to the victims.”
Pracha is a well-known human rights lawyer and activist who worked for ensuring justice to innocents imprisoned under draconian terror laws like UAPA and was one among the few courageous lawyers who exposed the alleged roles of Sangh Parivar and Delhi Police in the anti-Muslim pogrom happened in North East Delhi.
A visibly determined Pracha told Radiance Viewsweekly, “these kinds of scare-tactics are not going to stop those who are fighting for justice.” Pracha added, “The police have displayed an egregious example of lawlessness and illegalities under the guise of investigation into a forgery FIR registered against unknown persons way back in August but the raid conducted now is with an ulterior design to deter him from appearing in riots cases.
“I am not even aware if I have been named as an accused or not in this FIR. It has been almost four months since registration of the FIR and there is no charge sheet till date.”
Meanwhile, admitting Pracha’s two applications, a Delhi court ordered the Special Cell of Delhi Police to produce the entire video footage of the raid conducted at the office of Pracha.
There have been half a dozen fact-finding reports on Delhi violence conducted by the Delhi Minorities Commission, Amnesty International and other civil society groups severely indicting Delhi cops for their alleged blatant biased role.
Jamaat leader Engineer Salim has advised the law-enforcement agencies not to buckle under the pressure of the political executive and stick to the Constitution in discharging their duties.