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Delhi Court Directs Preservation Under Seal Of Entire Video Footage Of Search By Delhi Police At Advocate Mehmood Pracha's Office

Mehal Jain
27 Dec 2020 3:38 PM GMT
Delhi Court Directs Preservation Under Seal Of Entire Video Footage Of Search By Delhi Police At Advocate Mehmood Prachas Office
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A Delhi Court on Sunday directed the the entire video footage of the search carried out two days ago by the Delhi Police at the office of Advocate Mehmood Pracha to be preserved with the seal of the court.The order of Duty MM Udbhav Kumar Jain, Patiala House Court came on an application moved by advocate Mehmood Pracha seeking preservation of copies of the video footage of the raids conducted...

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A Delhi Court on Sunday directed the the entire video footage of the search carried out two days ago by the Delhi Police at the office of Advocate Mehmood Pracha to be preserved with the seal of the court.

The order of Duty MM Udbhav Kumar Jain, Patiala House Court came on an application moved by advocate Mehmood Pracha seeking preservation of copies of the video footage of the raids conducted by Delhi police at his office on Thursday.

The Court had on Friday summoned an Investigating Officer connected with cases arising out of the Delhi riots over the CAA, besides requiring him to produce the entire video footage of a search conducted by the Delhi Police at the office of an advocate appearing in the matter.

However, on Sunday, Duty MM Udbhav Kumar Jain of the Patiala House Court did not deem it necessary to supply a copy of the footage to Pracha immediately.

The applicant-advocate had raised a query as to the duration of the video footage and also requested for the supply of the footage to him. The judge found it imperative to note that the video footage, which is the bone of contention, was recorded to ensure fairness when the search was being carried out as per the order dated December 22 passed by the CMM.

"At this stage only directions for preserving the video footage is deemed necessary. The concerned court can take a call on supplying the video footage to the applicant at an appropriate stage. Let the entire video footage of the search be preserved with the seal of this court and be placed before the concerned court for orders accordingly", ordered the judge.

As regards the application under section 165(5) CrPC, the judge, on perusal of the file found that the report of execution of the search warrant dated December 22 was filed on December 26, and that the same was supplied to Pracha today itself and hence, the application was allowed to that extent.

The IO appeared before the court with the seized case property including video footage of search. "It has been apprised that the same was handed over to Malkhana department. At this stage, Ct. Raghunandan from Malkhana, PS Special Cell Lodhi Colony has apprised that the said video footage has been received and the details thereto are maintained in a register which is numbered as 19 as per rules. It is also apprised that no receiving is given to the concerned IO after handing over the material as per rules. No such entry is available today", recorded the judge.

The MM also noted that as of now no hash value is there of the said video footage as the APP for the state has stated that the hash value is generated by the FSL department.

Pracha at the very outset raised objections as to the appearance of the IO and other officers and stated that they are not present in proper uniform. "It has been apprised however, from the IO Insp. Rajiv Kumar, that being a member of Special Cell he is exempted from such appearance. Nevertheless, this court considers this objection as a trifling issue and requires no order so far as the appearance of the officers is concerned", said the judge.

Click Here To Download Order

[Read Order]



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