BMW case: SC upholds conviction of advocate R K Anand

The Delhi High Court had in August last,while holding the two lawyers guilty of contempt,debarred them from practising for four months and stripped them off their seniority status. The two lawyers had challenged the judgement in the Supreme Court which did not stay it.

The apex Court also held that the sting operation carried out by the news channel NDTV two years ago showing the defence and prosecution lawyers trying to influence controversial witness Kulkarni as not a typical case of trial by the media but undertaken in public interest.

Several noted lawyers immediately welcomed the judgement saying that it would help clean up the system and is good for its health. Such things should be exposed in public interest,they said.

Noted criminal lawyer Ram Jethmalani said the apex Court’s verdict is good for the advocates as well as for legal machinery.

Jethmalani said that Anand “deserved it (punishment) because he was trying to make money at the cost of his client”

Another senior advocate K T S Tulsi said,”The Supreme Court has again reiterated the importance of legal profession and its duty to the society and to the courts. We lawyers need to remember that legal profession is not trade or business but a noble profession.”

In its verdict,the apex Court termed the act of the then Special Public Prosecutor Khan as “inappropriate”.

The two senior advocates were convicted by the High Court for obstructing administration of justice and,as a punishment,debarred from appearing in courts for four months and fined Rs 2,000 each.

S K Aggarwal,counsel for Khan hailed the judgement saying,”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.”

Both Anand and Khan were purportedly shown as colluding to influence Kulkarni in the BMW hit-and-run case in the sting operation on May 30,2007 by offering him money. The High Court had taken suo motu cognisance of it and started proceedings against the two lawyers.

The High Court had recently awarded two years prison term to Sanjeev Nanda,the grandson of retired Naval chief S M Nanda,for mowing down six persons,including three policemen,on January 10,1999.