NEW DELHI: The Supreme Court on Wednesday held that criminal lawyer R K Anand is guilty of criminal contempt of court for trying to influence a witness in the infamous BMW hit-and-run case where six persons, including three policemen, were crushed to death.
A Bench comprising Justice B N Agrawal, Justice G S Singhvi and Justice Aftab Alam, however, acquitted I U Khan, the public prosecutor in the case.
On May 30, 2007, New Delhi Television (NDTV) telecast a programme wherein one of the witnesses in the case, Sunil Kulkarni, was shown meeting with IU Khan, the Special Public Prosecutor, and RK Anand,
the senior defence counsel, (and two others) and negotiating for his sell-out in favour of the defence for a very high price.
Justice Aftab Alam, writing the judgment for the Bench, said having regard to the misdeeds of which R K Anand has been found guilty, the
punishment given to him by the High Court barring him from appearing in the Delhi High Court and subordinate courts and stripping him of the designation of a senior advocate is nominal.
Justice Aftab Alam set aside the conviction of IU Khan, Special Public Prosecutor in the case, for criminal contempt as the material before the court was not sufficient. The period of four month’s prohibition from appearing in Delhi High Court and the courts sub-ordinate to it is already over, he noted and set aside the punishment of fine handed down to him by the High Court. The full court of the Delhi High Court may consider whether or not to continue the honour of senior advocate conferred on Khan in the light of the findings recorded in this judgment, Justice Alam said.
However, Justice Alam observed that the conduct of Khan was inappropriate. Dismissing the appeal of R K Anand, Justice Alam issued a notice as to why the punishment meted out to him cannot be enhanced.
On the sting operation, Justice Alam said that the news channel had
rendered valuable service to the important public cause to protect and
salvage the purity of the course of justice. ``We appreciate the
professional initiative and courage shown by the young reporter Poonam
Agarwal and we are impressed by the painstaking investigation undertaken by NDTV to uncover the Shimla connection between Kulkarni and R K Anand,’’ Justice Alam said.
