New Delhi: A Delhi court Thursday noted that a February riots accused, who had moved a bail application, tried to “play fraud with the court”. The accused, identified as Arif, was being represented by advocate Mehmood Pracha.
Arif, who was arrested in connection with the Northeast Delhi riots, had sought bail on the ground of his father’s illness. The bail plea noted that Arif’s father Iqbal has been suffering from hernia and will undergo an “urgent surgery” on 19 January.
Following a verification by a medical superintendent, the police however found that even though Iqbal was under treatment, no emergency surgery has been recommended by the surgeon concerned. It was also noted that Iqbal was only called to the hospital for some tests on 19 January, which has been “falsely represented” as an “urgent surgery” in the bail application.
The bail application filed by Pracha had attached the copy of a letter by the Aruna Asaf Ali Government Hospital, dated 5 January, stating the date of the impending operation as 19 January.
The police, however, claimed that the enclosed slip of the hospital is for ultrasound and a “PVRV test”. The police told the court that Iqbal has been called to the hospital on 19 January, on an empty stomach, for this test and not for a surgery, as was claimed in the bail application.
“Upon verification, it was found that the said patient is under evaluation and no date has been fixed for surgery till now,” the police said.
The bail application further stated that Arif has to arrange money for the surgery of his father since he was the sole bread-earner of the family, and the latter does not have any relative or dependent. The police, however, claimed that Iqbal was on “very good terms with his brothers” who stay in the same neighbourhood.
This court’s observation came at a time when the police are investigating a case of forgery and criminal conspiracy that was filed against Pracha in August last year.
According to the police, Pracha, while filing another bail petition earlier, had filed an affidavit in the court that was allegedly notarised by a lawyer who died in 2017. The police claimed that since it was notarised by a lawyer who died two and a half years ago, it was a false affidavit and the signatures in it were forged.
The police also alleged that Pracha instigated one Irshad Ali to falsely depose in the Delhi riots case, following which the court had directed the police to probe the matter.
Pracha, who is the defence counsel for several Delhi riots accused, has denied these allegations, saying he was being “harassed” for fighting the Delhi riots cases.
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‘No emergency surgery needed’
After hearing arguments by the police, the court Thursday noted that arguments given in Arif’s bail application were fraudulent. Even though the application for bail was made by Pracha, he was not present during the hearing.
“Although the father of the applicant is suffering from ‘Reducible Inguinal Hernia’ and planned for electrosurgery, doctors have clearly opined that no emergency surgery is needed,” the court said in its order.
The court also noted that the applicant has “wrongly claimed” the date of surgery of his father as 19 January, when the latter was only asked to visit the hospital for some tests.
“It is submitted that it is clearly apparent that the applicant has made a totally false averment that surgery/operation of his father has been fixed for 19.01.2020. The said act on part of the applicant amounts to playing fraud with the Court,” the order said.
Later, the counsel representing the applicant sought withdrawal of his bail plea, to which the court agreed but only after “noting down the conduct of the applicant in the matter”.
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