Mehmood Pracha raids: Delhi Court asks Police to clarify how it proposes to receive data from hard disk while protecting lawyer-client privilege

A Delhi court on Friday directed the Delhi Police to file its response detailing how it proposed to receive data for which raids were conducted, from the pen drive of advocate Mehmood Pracha, without disclosing the data pertaining to his other clients..Chief Metropolitan Magistrate Pankaj Sharma, Patiala House Court said that Pracha's concerns relating to the protection of privileged communication with clients have to be addressed.Noting that the hard disk in connection with which search warrant was issued also contained other data pertaining to other clients, the Court said,."The protection available under section 126 of Indian Evidence Act makes it imperative for that the Court protect the data/files relating to communication of clients with applicant stored in the hard disk from interference of police while collecting target data (the complaint for which search warrant was obtained).".Given that Pracha has given the consent for furnishing data through pen drive or through computer, the Court asked the Prosecution to clarify how it proposed to- receive target data of pen drive without creating any evidential vulnerabilities;- receive target data without alternation to meta data without alternation to meta data associated with target data to prevent further evidential vulnerabilities without any disruption/interference/disclosure of the other files/data stored stored in hard disk relating to other clients of the applicant..The matter will be heard again on March 19..The order was passed on an application preferred by Pracha after raids were conducted by the Delhi Police at his office on March 9..The raid was in connection with an FIR alleging that Pracha tutored a witness to initiate a false Delhi Riots case..Pracha had sought orders directing the police to retrieve only the relevant information from his hard disk, in the presence of a Magistrate, as opposed to seizing the hard disk..Opposing the application, Special Public Prosecutor Amit Prasad had argued that seizing the original hard disk was essential as it ought to be sent to a forensic science laboratory for examination..The lawyer, who has been representing accused persons in Delhi riots cases, was raided by the Delhi Police on December 24, 2020. The Police claimed that it was searching for "incriminating documents" and meta data of the outbox of the official email id of Pracha's firm.He had later 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 December 24.A Magisterial Court had then directed the preservation of the entire video footage of the police raid at Pracha's premises.