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Anand, Khan guilty in BMW expose case

Devesh K. Pandey

The Bench asked them not to appear in the High Court and lower courts for the next four months

Photo: PTI

Lawyers I.U. Khan and R.K. Anand who have been convicted for contempt of court in the BMW case.

NEW DELHI: The Delhi High Court on Thursday convicted senior lawyers R.K. Anand and I.U. Khan of contempt of court and obstructing administration of justice in the BMW hit-and-run case by trying to influence an eyewitness. The defence-prosecution nexus was exposed by NDTV in a sting operation over a year ago.

Holding the lawyers guilty, a Bench comprising Justices Manmohan Sarin and Madan B. Lokur said: “They are senior advocates and did not tender either conditional or unconditional apology for their conduct in the BMW case.”

Calling their behaviour “irresponsible,” the court, in its 112-page verdict, said: “They have forfeited their right to enjoy the honour conferred on them by this court of being designated as senior advocates.”

“Strip them of designation”

It recommended that they be stripped of their designation and asked them not to appear in the High Court and lower courts for the next four months.

However, they could practise legal consultancy.

The Bench imposed a fine of Rs. 2,000 on each of them.

However, the court acquitted advocate Bhagwan Saini, associated with the BMW trial, of contempt charges cautioning him against indulging in malpractices.

In May last year, the court took suo motu cognisance of the matter following the telecast of the sting operation, which showed defence counsel Anand, in collusion with special public prosecutor Khan, discussing with eyewitness Sunil Kulkarni ways of bailing out Sanjeev Nanda, who had run over six people in January 1999.

The case, still pending in the lower court, is in its final stages.

The channel later submitted the edited and unedited footage of the sting operation in the court, which found it to be genuine. In the meantime, the special public prosecutor was changed.

A contempt of court case was also filed against Mr. Anand and Mr. Khan.

PTI adds:

The court refused to allow Mr. Anand’s plea that in fact it was NDTV which committed the contempt of court and interfered with the administration of justice by telecasting sting operation in a ‘sub judice’ matter.

“Given the facts of this case, we are of the view that this is not one of those rare and brazen cases where we should initiate suo-motu action against NDTV for contempt of court,” the bench said.

Pronouncing the rare decision, the bench asked Registrar General of the court to put its recommendations seeking to strip the contemnors of their designations as senior advocates before the Chief Justice within a month for consideration.

The court, while convicting Mr. Anand, considered his illustrious past as a Parliamentarian and Bar leader and said such conduct was not expected of him.

“He (Anand) has been an MP of the Rajya Sabha. That he should indulge in such practice may have taken many in legal fraternity by surprise,” it said.

Objecting to the order, the coordination committee of the All Bar Associations of Delhi has called a one-day strike in all lower courts in the city for Friday to protest against the High Court “usurping the powers of the Bar Council of Delhi in imposing a ban on the two senior lawyers for four months from practising in the High Court and all other subordinate courts and tribunals coming under the supervisory powers of the High Court.”

The committee decided to take appropriate steps for getting the order nullified by the Supreme Court.

Congress action

Special Correspondent reports:

The Congress has initiated disciplinary action against Mr. Anand, former Rajya Sabha member of the party.

Briefing journalists, Congress spokesperson Jayanthi Natarajan said obstruction of justice was a serious charge. “We have taken note of it and referred the matter to the party’s Disciplinary Action Committee.”

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