Thread by @barandbench

Delhi Court begins hearing @MehmoodPracha 's plea concerning the police raids at his office.

Hearing before Chief Metropolitan Magistrate, Patiala House Court.

@DelhiPolice

#MehmoodPracha

Mr Prasad has made his stand clear on the last date: Court

SPP Amit Prasad appears for Prosecution.

Pracha reads the March 12 order passed by Court.

In the order, Court had acknowledged the issue of protection of lawyer-client privilege during search operations.

Read the report on March 12 order here:

barandbench.com/news/litigatio…

Pracha continues to read the order.

This is the order which was passed by the court. Thereafter another submission has been made : Pracha

Today if we are saying we are ready to give whatever you want, why do you want the entire system: Counsel for Pracha

This will lead to Delhi Police raiding the houses of lawyers and take their systems. This is not done : Counsel

The Bar is against all these things. What exactly do they want. I have details of other clients. I don't understand what is the issue being made between Delhi Police and lawyers: Counsel

Such raids can't happen at any lawyer's office: Counsel

Counsel arguing is RK Wadhwa, President of Patiala House Bar Association.

I am the President of the Bar. I am telling you. Whatever you want, I will give. It can't happen that a police personnel can come to your office and take your all your data : Wadhwa

Coming back to the same issue. Today there is a person against whom search warrant was taken. Bar will step in to say please have a seperate procedure for you.. as a member of the Bar I would .. ask the court to mould the law for us. We are above law : Prasad

Since a member of bar is involved, don't follow the procedure under the law..on the last date, I said that this application was filed under no law: Prasad

Application is not maintainable in itself. Any order is also thus bad in law : Prasad

Any order passed on March 12 has no sanctity. We have identified the system: Prasad

We wanted to seal the system and leave it there. It was opposed : Prasad

I give the system to the FSL and ask FSL to retrieve data as per my requirement: Prasad

Prasad says the Police was agreeable to appointment of a Magistrate to look over the search operation.

We ask for a search warrant. The first search could not be concluded. The video recording is with the Court. The second time we sought that a Magistrate be appointed. Court said DCP should be appointed. Search has attempted but premises was locked : Prasad

At the end of the day, investigation was not concluded : Prasad

Section 126 Evidence is not applicable at this stage.. if I come across a particular document, I can't produce Mr Pracha as a witness to prove it or I can't use it as an evidence : Prasad

The moment he concedes that he sent the email, the protection ends : Prasad

The court has to see if the court can permit creation of a special class : Prasad

Being lawyers, we have certain commitments towards are cleints: Wadhwa

Wadhwa reads Section 126.

My computer has so much data and client record. It is my responsibility as a lawyer to not disclose any data or document of any client to anybody.. as per law I'm saying: Wadhwa

They're saying they won't tell what all the found.. but I'm ready to give what you want : Wadhwa

Today we're talking about a lawyer. If a lawyer doesn't have the privacy to protect his cleints.. you can't take anything (forcefully) from lawyer. It is the law : Wadhwa

For what purposes do you want my computer.. I'm not saying a special class : Wadhwa

Wadhwa urges Prasad to see that he's also a lawyer.

Today you're there, tomorrow you'll be here : Wadhwa

A lawyer is always born a defense lawyer: Prasad (in lighter vien)

Wadhwa says ethics and BCI Rules also support his stand.

I'm not an accused. I'll give whatever they want.. but no lawyer will permit that someone can take data from his office: Wadhwa

Kindly decide this application: Wadhwa

Pracha refers to Standards of Professional Conduct.

Pracha says his license could be cancelled if he is found to be in breach of lawyer-client privilege.

Chapter Nine is the chapter on witnesses: Prasad

The purpose of section 126 is who can bea witness and to prove what .. protection is to the extent that he can't be forced to depose: Prasad

I'm not asking Mr Pracha to depose.. section 93 can't be read with 126, BCI Rules : Prasad

Court dictates order.

Applicant says he is willing to provide data on his own : Court records

I've never refused : Pracha

Mr Wadhwa is on behalf of the Bar: Court records

Court records the submissions made.

Court records Prasad's submissions.

Put up for orders. March 25: Court

Pracha says there's another pending application pertaining to the first round of raids.

They've already taken the material. It's in the video recording. The court may keep that in mind : Pracha

Pracha says a weeks' time may be given to him to file an appeal in case of adverse order.

Why are you presuming that it would be adverse : Wadhwa

Hearing over.