BMW case: SC upholds R K Anand's conviction, clears I U Khan

NEW DELHI: In an important judgment, the Supreme Court on Wednesday upheld the conviction of high-profile criminal lawyer R K Anand for contempt of court in the BMW hit-and-run expose and issued notice for enhancement of punishment. The apex court found special public prosecutor I U Khan���s conduct inappropriate but set aside his conviction and cleared him of contempt charges.

A three-judge Bench comprising Justices B N Agrawal, G S Singhvi and Aftab Alam, pronounced the verdict on Wednesday after watching original footage of the sting operation provided by the TV channel.

The court said that sting operation by the TV channel was in public interest. It was not trial by media and served a public purpose.

R K Anand and I U Khan had been stripped of their senior advocate designation by the Delhi High Court. The HC had found both culpable of influencing controversial prosecution witness Sunil Kulkarni in the infamous BMW hit-and-run case involving Sanjeev Nanda.

Both had appealed in the SC and pleaded that the HC had exceeded its jurisdiction by stripping them of the senior advocate designation, a decision which the regulatory body, Bar Council of India, alone could take.

They had also questioned the authenticity of the tapes relating to the sting operation on their alleged dealing with Kulkarni, which was broadcast by a TV channel, saying the HC had repelled their repeated plea for a forensic examination of the tapes.

The HC, in an unprecedented order, had convicted the two prominent lawyers, debarred them from practising in Delhi for four months and also imposed a fine of Rs 2,000 each for obstructing the course of justice by trying to influence the star witness.