BMW exposé case: SC upholds RK Anand's conviction
The Supreme Court today upheld the conviction of advocate RK Anand for contempt of court by attempting to influence controversial witness Sunil Kulkarni in the infamous BMW hit-and-run case. Referring to the criticism about the sting operation carried out by a news channel, the apex court noted that it was not a typical case of trial by the media but rather a sting undertaken in public interest.delhi Updated: Jul 29, 2009 14:45 IST
A three-judge Bench of Justices B N Agrawal, G S Singhvi and Aftab Alam, however, set aside the conviction of Special Public Prosecutor I U Khan, who was also debarred by the Delhi High Court from practising for four months along with Anand.
Referring to the criticism about the sting operation carried out by a news channel, the apex court noted that it was not a typical case of trial by the media but rather a sting undertaken in public interest.
While acquitting Khan, the apex court, however, observed that his conduct as Special Public Prosecutor in the case was not appropriate.
Khan, and counsel Anand, were on August 21, last year convicted by the Delhi High Court for trying to influence witness Kulkarni, a scandal exposed through the sting operation by the TV channel.
The two senior advocates were convicted for obstructing administration of justice and, as a punishment, barred from appearing in the High Court and other subordinate courts for four months and fined Rs 2,000 each.
They were also stripped off their designation of senior advocate by the court.
Reacting to the court's verdict, SK Aggarwal, counsel for Khan said, "Justice has been done as far as my case is concerned, we should respect the judgement. It is a good judgement and we are happy about it."
Aggarwal had contended that Khan's case stood on a different footing during the arguments in the case before the apex court.
Both Anand and Khan were shown in the sting as colluding to influence Kulkarni in the BMW hit-and-run case in the sting operation on May 30, 2007.
A day later, the High Court had taken suo motu cognisance of the sting operation showing Anand, in collusion with Khan, allegedly offering money to Kulkarni to depose in favour of Sanjeev Nanda, the prime accused in the hit-and-run case.
Nanda, the grandson of retired Naval chief SM Nanda, was recently sentenced to two years prison term by the Delhi High Court for mowing down six persons, including three policemen, on January 10, 1999.
He was earlier handed down five years imprisonment by a trial court in the case.