Unlawful conduct

Sir — The Delhi High Court has held two senior lawyers, R.K. Anand and I.U. Khan, guilty of interfering in the course of justice by attempting to bribe a witness in the high profile BMW hit-and-run case (“‘Buy-off’ ban on BMW lawyers”, Aug 21). The prime accused in the case, Sanjeev Nanda, the grandson of retired navy chief, S.M. Nanda, has been accused of mowing down six people with his BMW in Delhi, in 1999. The Delhi High Court bench, comprising of Justices Manmohan Sarin and Madan B. Lokur, has charged Anand, the senior defence counsel and Khan, a special public prosecutor, with trying to bribe the key witness in order to save their client. The high court’s ruling against the two reputed advocates, who have now been barred from practising in Delhi High Court and its subordinate courts for four months and fined Rs 2,000 each, has caused a flutter in the legal circle and in the media. While Justices Sarin and Lokur deserve whole-hearted applause for delivering the landmark judgment, the conduct of Anand and Khan brings out certain execrable aspects of the legal system of the country. It also explains the stiff decline in the faith of the people in the Indian judiciary.

Nothing can be more devastating for public morale than the involvement of people who are supposed to uphold the law in cases of corruption. The sting operation conducted by a private television channel, on the basis of which the judgment was delivered, showed Anand and Khan allegedly offering money to key witness Sunil Kulkarni to withhold his testimony against Nanda. This is shocking, since both the lawyers have decades of practice behind them. Anand had even been a member of the Bar Council of Delhi, while Khan has been well known for his legal expertise. However, one cannot be too surprised by the despicable conduct of Anand and Khan. Although the Supreme Court has been able to maintain a high moral ground before the international legal community, dishonesty is all pervasive in the lower courts. Bribery is a routine affair in many an Indian courtroom. The Delhi High Court judges have certainly set a precedence by convicting Khan and Anand. At the same time, the sentence of suspension of practice for only four months seems too mild a punishment. Lawyers like Anand and Khan earn a handsome amount every month. The absence of any income for four months would hardly cause a dent in their financial status. The damage to their reputation is also not likely to be significant as public memory is notoriously short. If the convicted lawyers had been jailed, the punishment would have been more fitting.

The other shameful aspect that has come to light as a result of this unfortunate episode is the excruciatingly slow pace at which the justice system works in India. Nanda had been accused way back in 1999 but the case is still continuing, even after the lapse of almost a decade. If Khan and Anand challenge the Delhi High Court’s ruling in the apex court, as they are most likely to do, the case will stretch even further. One shudders to imagine how many more years will be wasted before the victims get justice. Since justice delayed is justice denied, the future of the Indian judicial system seems bleak.

Yours faithfully,
Kunal Saha, Columbus, US

Sir — It has become usual for defence lawyers and public prosecutors to coerce or buy out witnesses for the sake of their clients. Such malpractices would have ceased had the culprits been dealt with firmly by the law. The judgment pronounced upon R.K. Anand and I.U. Khan by the Delhi High Court could have been harsher. When a public prosecutor, who has been appointed especially for a case, turns out to be corrupt, he needs to be banned from practising for life. It is evident that Sanjeev Nanda had used his money and power to the fullest extent by getting both the defending and prosecuting counsels to hoodwink the judicial process. The sting operation showed Khan and Anand trying to bribe the last remaining witness, Sunil Kulkarni, so that Kulkarni too would turn hostile. One fears for the state of justice when a government prosecutor of the status of Khan stoops so low as to side with the accused.

Yours faithfully,
Asit Kumar Mitra, Calcutta

Sir — R.K. Anand and I.U. Khan have compromised the integrity of India’s legal fraternity further. Most lawyers manipulate laws, take bribes, and prolong cases to exploit clients. Common people, who depend on the lawyers for getting justice, are thus deceived. They cannot fight their law suits on their own and the lawyers can do them only harm and no good. The families of the footpath- dwellers who had been killed by Sanjeev Nanda’s car still await justice. However, they might find some succour in the high court sentence against Anand and Khan.

Yours faithfully,
Santanu Dutta, Ichapore, North 24 Parganas

Sir — Underhand dealings between the prosecution and defence lawyers, each of whom is supposed to be loyal to their respective clients, negates the very basis of the legal system. R.K. Anand and I.U. Khan deserve every bit of the punishment they have received. Thus sentenced, they might now be reminded of the ethics of their profession.

Yours faithfully,
Madhur Mohanty, Bhubaneswar

Sir — It seems quite unimaginable that the main objective of R.K. Anand, a senior advocate of the Delhi High Court and I.U. Khan, the public prosecutor, was actually to protect Sanjeev Nanda who had taken six lives with his reckless driving. Anand and Khan should have been barred forever from practising. Sunil Kulkarni, who is a Mumbai-based lawyer, stands as an exception in his community. He must be honoured for his integrity in a country where lawyers like him are exceptions rather than the rule.

Yours faithfully,
B.S. Ganesh, Bangalore

Sir — The Delhi High Court has instilled hope in the heart of the ordinary citizen by taking suo motu cognizance of a sting operation and punishing the two errant lawyers. If high courts all over India start taking similar action against insincere lawyers, the face of Indian judiciary would change.

Yours faithfully,
Md. Motleb Ali, Calcutta