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Synopsis

A Delhi Court will pronounce order on October 31 on “personal allegations” leveled by Advocate Mehmood Pracha against Special Public Prosecutor (SPP) Amit Prasad appearing for Delhi Police in the larger conspiracy case related to the 2020 northeast Delhi riots.

Additional Sessions Judge (ASJ) Amitabh Rawat of the Karkardooma Court will pronounce the order.

"On whether the matter is to be referred to the high court. The order will be pronounced on October 31", the judge had said on October 3rd, when the order had been reserved.

SPP Prasad had told the court that in the application, Advocate Mehmood Pracha, the counsel for one of the accused (Tasleem Ahmed), had leveled personal allegations against him—that he had "taken cash from the police in an underhand manner". Pracha had claimed in the application that these were the findings of a private investigator.

Prasad had contended that if this allegation was found to be correct, he was "not fit to continue as the SPP” in the present case. He had also submitted that Pracha should place the material on record to substantiate his "false and grave allegations", along with the affidavit of the private investigator.

The SPP had further contended that Pracha had put a "question mark on his integrity" and the "prosecution could not be browbeaten like this”. Prasad had also contended that under the law, Pracha could not represent Tasleem Ahmed as he himself was named in the statement of one witness. “Despite no objection by the accused to be represented by Sh. Mehmood Pracha, there is still conflict of interest and violation of Bar Council Rules”, he had contended.

Furthermore, SPP Prasad had requested the court to refer the matter to the high court on the question of law about Advocate Mehmood Pracha representing an accused in this case. “This will have an implication at the later stage of trial”, he had added.

The judge had noted, “Accused submits that he wants to continue with Mr. Mehmood Pracha. Ld. Proxy Counsel for accused, on instructions, submits that they do not wish to state anything about the submissions and court may pass any order”.

Pracha had alleged that SPP Prasad travelled to Europe via State’s money.

The application had been filed by Pracha in an ongoing matter related to the larger conspiracy of Delhi riots in which Umar Khalid, Sharjeel Imam, Tahir Hussain, Khalid Saifi, Natasha Narwal, Devangana Kalita, Safoora Zargar, Meeran Haider, Gulfisha Fatima. Meeran Haider and others are accused.

Case Title: State v. Tahir Hussain & Others