Delhi court reserves order after defence counsel levels personal allegations against Special Public Prosecutor
Oct 03, 2023
New Delhi [India], October 3 : Delhi's Karkardooma Court on Tuesday reserved order after Defence counsel Mehmood Pracha levelled personal allegations against Special Public Prosecutor (SPP) representing Delhi Police in larger Conspiracy of Delhi riots case.
The SPP stated that defence counsel for accused has put question marks on his integrity and prosecution cannot be browbeaten like this.
He further pointed out that even under law Mehmood Pracha, Counsel for accused cannot represent an accused in this case as he himself has been named in the statement of one witness namely ‘SMITH’ and there is conflict of interest.
Defence counsel was present during Anti CAA-NRC protest. Additional Sessions Judge (ASJ) Amitabh Rawat reserved order on the issue for October 25 after hearing submissions of SPP Amit Prasad.
During hearing SPP submitted that without this issue being decided, he cannot address arguments on the bail application of accused Tasleem Ahmed.
On the other, accused submitted that he wants to continue with Mehmood Pracha. Proxy Counsel for accused, on instructions, submits that they do not wish to state anything about the submissions and court may pass any order.
“In these circumstances, let this matter be posted for orders on this issue on 25.10.2023," ASJ Rawat said.
SPP Amit Prasad has referred to Section 395 Cr.P.C and asked the Court to refer the matter to the Hon’ble High Court of Delhi on the question of law about advocate Mehmood Pracha representing an accused in this case.
SPP submitted that this will have an implication at the later stage of trial. He submitted that Mehmood Pracha, Counsel for accused has made specific personal allegations against him as stated in the application including that he has conducted private investigation on him and has found out that SPP has, in an underhand manner, taken money in cash from the police.
SPP also stated that if this allegation is correct, he is not fit to continue as Special Public Prosecutor in this case. It was further submitted that Counsel for accused may place the material on record to substantiate his false and grave allegations on his integrity along with the affidavit of the private investigator.
He further submitted that despite no objection by the accused to be represented by Mehmood Pracha, there is still conflict of interest and violation of Bar Council Rules.
Amit Prasad argued that Mehmood Pracha has to place on record the material got investigated against me by private investigator or if he withdraws the allegations against me, then the court has to take a serious note, he added.
Advocate Pracha had alleged that Amit Prasad travelled abroad via state money.
This case pertains to the matter related to larger Conspiracy of Delhi riots in which Umar Khalid, Sharjeel Imam, Tahir Hussain, Natasha Narwal, Devangna Kalita, Safoora Zargar, Meeran Haider, Khalid Saifi, Gulfisha, Tasleem Ahmed and others are accused.
