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The BMW Case Contempt Order | Views: 819 |
Sep 05, 2008 3:25 am | | The BMW Case Contempt Order | # |
Vijay Nair | | Here is the link to the Order passed against Mr. R.K. Anand and Mr. I.U Khan, Senior Advocates on the witness bribery issue. When you read the operative part of the order, just remember that there is too many slips between the cup and the lips.
http://courtnic.nic.in/dhcorder/dhcqrydisp_j.asp?pn=3171&yr=2008
Vijay Nair, Partner KNM & Partners, Law Offices http://www.knm.in/Private Reply to Vijay Nair |
Sep 07, 2008 6:01 am | | re: re: re: The BMW Case Contempt Order | # |
Ritu | | Hey I finally finished reading the judgement/order *Drum roll please*
~Vijay,What exactly did you mean when you said 'just remember that there is too many slips between the cup and the lips'??
~Why did the lawyers in Delhi protest againt this decision by tying white bands on the wrist (or was it black bands?) against this decision??
~ The court observed 'In this background, we have considered and deliberated upon the punishment that should be imposed on Mr. Anand and Mr. Khan. We are not dealing with a young lawyer who, driven by ambition and desire to make his career and in his over zealousness, transgresses the limits by crossing the Laxman Rekha or unwittingly or unknowingly commits criminal contempt. We are dealing with Senior Advocates, who are expected to conduct themselves as gentlemen and role models for younger members of the Bar. Both Mr. Anand and Mr.Khan are fully aware of all the intricacies and nuances of the law of contempt. They have not tendered any apology, conditional or unconditional, expressed any contrition or repentance for their conduct.'
Isn't it in a way implying that its okay for young & ambitious lawyers to indulge in such practices...& that if Khan & Anand had tendered an apology nothing would have been done even in their case???
~Soli Sorabjee has commented 'In view of the gravity of the offence the contemners should have been punished with simple imprisonment for some term. The Delhi High Court has erred on the side of leniency. The punishment will not pint the contemners at all.'
Private Reply to Ritu |
Sep 08, 2008 1:35 am | | re: re: re: re: The BMW Case Contempt Order | # |
Vijay Nair | | Ritu,
Answering you questions -
This is the operative part of the Order:
"242. We are of the view that the ratio of the above case would apply to the present situation, particularly as regards the punishment to be given to Mr. Anand and Mr. Khan. We accordingly direct:
(i) In exercise of powers conferred by Article 215 of the Constitution of India, Mr. R.K. Anand and Mr. I.U. Khan are prohibited from appearing in this Court or the Courts subordinate to it for a period of four months from today. However, they are free to discharge their professional duties in terms of consultation, advises, conferences, opinions etc.
(ii) Mr. R.K. Anand and Mr. I.U. Khan, on account of their conduct, have forfeited the right to enjoy the honour conferred on them by this Court of being designated Senior Advocates. We recommend to the Full Court to strip them of their designation as such.
(iii) The Registrar General will put up our recommendation to Hon'ble the Chief Justice within a month for placing the matter before the Full Court for consideration and a decision be taken thereon.
(iv) Both Mr. R.K. Anand and Mr. I.U. Khan will each pay a fine of Rs.2,000/- for committing criminal contempt of Court."
Answers 1- The High Court has played it very safe by punishing them under Article 215 of the Constitution of India. Further, they have been debarred from appearance before the Delhi High Court and subordinate courts only, without any restriction on the other professional activities they can carry out. The Bench has only recommended that they be stripped of their designations as Senior Advocates. A Senior is designated by the Full Court (meaning total number of Judges of a Court) and it is the Full Court which can take the designation back. What would be the outcome when all the Judges of the Delhi High Court Poll for it is unknown. As per information, both of them have already filed appeals before the Supreme Court.
2- Lawyers protested on the ground that it is the Bar Council under which the Lawyer is registered has the power to take disciplinary proceedings and debar an advocate. I guess they hadnt read the judgment before the hasty decision of protesting.
3- That is a statement made in the judgment to highlight how Senior the two lawyers were and how they should have been piously following the strict line of adherence. Perhaps also to tell them as to what is the message they are passing on to their juniors by such conduct. Therefore, please do not read into that statement what the Court is not intending to say. (Too much converse theorms lately, kya?) Tendering an unconditional apology and purging (remedying) the contempt are the first things that the Court expects of a Contemnor. It is not that the Contemnor would go scot-free. But the level of remorse or guilt felt by a Contemnor should be inversly proportional to the punishment he is going to get. What is the Contempt, how and what apology is tendered, what the court expects and who is the Contemnor, are all facts which go into deciding the quantum of punishment, this it varies from case to case.
4- Like Mr. Sorabjee, I also agree that the punishment was not commensurate with the offence porved against the Two. It could have been and should have been harsher.
Vijay Nair, Partner KNM & Partners, Law Offices http://www.knm.in/Private Reply to Vijay Nair |
Sep 08, 2008 5:18 am | | re: re: re: re: re: The BMW Case Contempt Order | # |
Hiren Shah | | Well hope whoever deserves the commensurate punishment gets it. It is not everyday that people are caught and crosssing the lakshman Rekha in pursuit of professional interest is a common phenomenan. For those interested, my published article on the issue:-
http://wplay.wordpress.com/2008/03/31/money-makes-the-world-go-round/
What I want to know from Vijay is that in the US such cases are decided within two three years. I read an article by a senior advocate KTS Tulsi on how infrastructure problems and number of judges per people were causing delay in justice. Even then, don't you think that nine years is a little too much just for the basic or first judgement(or whatever it is called) to be given? Private Reply to Hiren Shah |
Sep 08, 2008 6:35 pm | | re: re: re: re: re: re: re: re: re: The BMW Case Contempt Order | # |
Ritu | | Vijay...atleast lawyers of all people should appreciate a good (okay not so good but good enuff by the standards we tend to see mostly) decision (which actually punish the guilty) when they see one...
dint the court punish all the protesting lawyers for contempt of court,huh?? Hey btw is criticizing a court decision in an article/blog/forum/book/anywhere a contempt of court?? or is it freedom of speech?
Hey not too many converse theorems...actually I like to get my minor (/stupid) & major legal doubts clarified on this forum/network (the legal gyaan from real lawyers & experts to an armchair lawyer & a non expert is much appreciated)....
+ legal language is subject to so many interpretations that one could never be too careful in using it...atleast judges of all people should know that their wordings can be subject to so many misinterpretations so they should not leave careless loopholes wherever possible & be more mindful of the messages they might be sending by the nuance of their wordings ( only today was I reading that car manufactures are getting away with false claims on mileage 'cos 'the Bureau of Energy Efficiency has been stopped by the heavy industry ministry because it does not have a mandate for fuel efficiency standards since it cannot decide if a car is an appliance or an equipment!!!!!!!!!' words can make a hell lotta difference here)
Hiren this case was atleast decided in 9 years...not so bad in a country where ppl can't get a gaddamed divorce after 17yrs of filing the case (here I go again)....but even after 9 yrs this judgement does nothing to lessen the loss of the victims' families...really dunno how do they benefit from this decision?!
Private Reply to Ritu |
Sep 10, 2008 4:04 am | | re: re: re: re: re: re: re: re: re: re: The BMW Case Contempt Order | # |
Ritu | | 'Well hope whoever deserves the commensurate punishment gets it. '
Esp its about time court increases the fine imposed atleast in proprtion to the inflation....fine of Rs 2000 is a joke. Seriously!Private Reply to Ritu |
Sep 10, 2008 3:03 pm | | re: re: re: re: re: re: re: re: re: re: re: The BMW Case Contempt Order | # |
Hiren Shah | | Nanda's lawyer keeps repeating that his client suffered because of media exporure which is not there when truck drivers kill people. This is a misleading statement. From the way the prominent lawyers behaved, I feel that had the media exposure not been there, Nanda would have actually been much better off. Media exposure is actually good in a country where injustices abound. Private Reply to Hiren Shah |
Sep 11, 2008 4:06 pm | | re: re: re: re: re: re: re: re: re: re: re: re: The BMW Case Contempt Order | # |
Ritu | | Yup to such people sraping their little finger is suffering...but other people dying is not not enuff suffering....& since when did one escape punishment by saying that other people din't get the punishment so why should I be punished??...what crap logic...no wonder the court din't listen to any of this balonely Private Reply to Ritu |
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