January 03, 2021

AILU Condemns Police Excess and Intimidation

ALL India Lawyers Union condemned the Delhi police for conducting a raid at the house of Mohammed Pracha, advocate who is representing many accused in Delhi riots conspiracy case; many of the victims of the riots are framed as accused.

The AILU said that this is a violation of fundamental rights, lawyer's as well as of clients, under the guise of investigation and search warrant.

The AILU maintained that search for “incriminating documents comprising false complaint and metadata of outbox of Email account which was used to send incriminating documents” referred to in the search warrant does not take in privileged confidential communications with the clients protected from disclosure under the Evidence Act, Advocates Act and the Constitution of India, essential for the effective exercise of fundamental rights to legal representation and legal assistance.

Police have no power or authority to seize the personal digital devices/computer which contains privileged confidential communications and materials within the domain of right to privacy.

Police excess in this regard is a direct attack on the fundamental right to legal representation and legal aid. It is yet another chapter of the screenplay to intimidate and frame lawyers who are coming up to defend activists and persons framed by the police; a clear violation of independence and freedom of profession; and "insignia" of autocracy.

The AILU said that every provision of every statue, including CrPC(Criminal Procedure Code), shall be informed of fundamental rights under Chapter III of Constitution, and hence there cannot be any order under section 93 of CrPC in violation of fundamental rights under Article 19 and 21 of the Constitution of India. If it is understood otherwise, in effect, the whole incident would impede a fair trial, which itself is a guaranteed fundamental right and a human right.

All India Lawyers Union said that it registers its protest, in strongest terms, against police excess by the Delhi police in violation of independence and freedom of legal profession, fundamental right to legal representation and legal aid.