SC upholds conviction of advocate RK Anand in BMW expose case

The Supreme Court today upheld the conviction and stripping of status of senior criminal lawyer RK Anand for contempt of court for trying to influence the course of justice in the infamous BMW hit-and-run case.

A three-member bench of justice BN Agrawal, justice GS Singhvi, and justice Aftab Alam asked why the quantum of punishment for Anand, who was the defence lawyer in the case, should not be enhanced.

The bench, however, set aside the conviction of then special public prosecutor IU Khan. The Delhi High Court had in August last year held both lawyers guilty of contempt, debarred them from practising for four months, and stripped them of their seniority. The two lawyers had challenged the judgment in the Supreme Court, which had refused to grant a stay.

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

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

Former Union law minister Ram Jethmalani said the apex court's verdict is good for advocates as well as for the legal machinery. He said Anand "deserved it [the punishment] because he was trying to make money at the cost of his client".

Senior advocate KTS Tulsi said, "The Supreme Court has again reiterated the importance of the legal profession and its duty to society and to the courts. We lawyers need to remember that the legal profession is not a trade or business but a noble profession."

In its verdict, the court termed Khan's act as "inappropriate" but did not hold him guilty of contempt.

The two senior advocates were convicted by the Delhi High Court for obstructing the administration of justice. As punishment, both were debarred from appearing in courts for four months and fined Rs2,000 each.

SK Aggarwal, counsel for Khan, hailed the judgment: "Justice has been done as far as my case is concerned; we should respect the judgment. It is a good judgment and we are happy about it."

The sting operation carried out on May 30, 2007, showed both Anand and Khan colluding to influence Kulkarni in the BMW hit-and-run case by offering him money. The high court took suo motu cognisance of the matter and started proceedings against the two lawyers.

The high court recently reduced the prison term of Sanjeev Nanda, grandson of the late admiral SM Nanda and the accused in the case, to two years from the five awarded by the trial court.

The trial court had held Nanda guilty of culpable homicide not amounting to murder for mowing down six persons, including three policemen, on the night of January 10, 1999. The high court held him guilty of the lesser offence of causing death by a rash or negligent act.