Advocate Mehmood Pracha can represent Delhi Riots accused, no conflict of interest: Delhi Bar Council

The Bar Council of Delhi (BCD) has concluded that there is no conflict of interest to prevent Advocate Mehmood Pracha from representing his client Tasleem Ahmed, an accused in the Delhi riots conspiracy case..In an order pronounced on Wednesday, the BCD has concluded that there is no rule to stop Mehmood Pracha from continuing to appear as a lawyer for the accused in the Delhi riots case, even if Pracha has been named in a witness statement.“The Council is of the view that there is no conflict of interest as far as the lawyer is concerned. It is for the prosecution to make him a witness or not, but as far as the matter is concerned, he can very well represent the client, who wishes to engage him as a lawyer in this case. On presumptions, no inference can be drawn whether he will be a witness or not. Otherwise also, it appears that Bar Council of Delhi Rules does not prohibit a lawyer to appear even if some witness has named him in some statement. Therefore, in view of this, the Ld. Court may be informed accordingly," the BCD order stated.Advocates RHA Sikander, Jatin Bhatt, Sanawar, and Faisal Mohammad represented Mehmood Pracha, who also appeared in person, before the BCD..The BCD had been called to render its opinion on this aspect after a Delhi trial court took note of a submission by Special Public Prosecutor (SPP) Amit Prasad that Pracha may be summoned as a witness in the Delhi riots cases.In this regard, Prasad had informed the court that a witness named Smith had named Pracha in his statement.Therefore, Prasad had contended that Pracha could no longer appear as a lawyer in the case since there may be a conflict of interest. At the time, the trial court had noted that the accused insisted that he should be represented by Pracha, despite being aware of the allegations of conflict of interest. The trial court judge, Additional Sessions Judge (ASJ) Amitabh Rawat had, therefore, left it open to the BCD to take a call on this issue.In the same order, the trial court had also criticised Pracha for making wild and unsubstantiated allegations of impropriety against SPP Prasad. .[Read BCD order]