Plea in HC against MHA order to include accused' lawyer's details in criminal dossier

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New Delhi, Feb 23 (PTI) A plea in the Delhi High Court on Tuesday sought that a standing order of Ministry of Home Affairs which mandates inclusion of an advocate's details in an accused's criminal dossier be declared as 'illegal and arbitrary'.

A bench of Chief Justice D N Patel and Justice Jyoti Singh issued notice to the Ministry of Home Affairs, Delhi government, Uttar Pradesh government and the police of both states seeking their stand on a plea by a businessman who has contended that due to the standing order several lawyers declined to represent him after he was allegedly implicated in a false case by the police.

The petitioner, a former lawyer, has also sought compensation of Rs 10 crores for being allegedly 'wrongfully arrested, kept in illegal custody and brutally beaten for the purpose of extortion'.

In his plea, filed through advocate Dibyanshu Pandey, the petitioner -- Saurabh Agarwal -- has claimed that a fake case of recovery of stolen goods was made against him after he refused to accept the alleged extortion demands made by the police officers of Samaipur Badli police station in north Delhi.

Agarwal, in his plea, has also alleged that he was kept in police custody 'for the purpose of extortion', despite being remanded to judicial custody by a magistrate.

He has further alleged that he was initially 'attacked and captured' by 7-8 persons at gun point from Ghaziabad and then taken to the Samaipur Badli police station.

He has claimed that his shop was searched, but no stolen items were recovered from there and after he was again brought back to the station he was allegedly beaten up there.

He has alleged that he finally ended up paying Rs 6 lakh to the police officers.

He has claimed that due to the provisions of the standing order no. 248A mandating inclusion of advocate's details in the criminal dossier of the accused, he had difficulty in finding lawyers to assist him in the case.

He has sought that this requirement under the standing order be declared as 'illegal, arbitrary and violative of the fundamental rights'.

He has also challenged the provision in the standing order which mandates preparation of criminal dossier of 'ordinary accused' as well. PTI HMP RKS RKS