On May 30, 2007, television channel NDTV caught both lawyers in a “sting” operation, conniving with key prosecution witness Suniel Kulkarni to get main accused Sanjeev Nanda off the hook.

A High Court Bench comprising Justices Madan B Lokur and Manmohan Sarin found the two guilty of criminal contempt.

“The entire material leaves a bitter taste in the mouth about the goings-on in the BMW case. There is no manner of doubt whatsoever that there was complicity between Mr Khan and Mr Anand... There can be absolutely no doubt that Mr Khan and Mr Anand were, somehow or the other, more than mixed up in the BMW case,” observed the court, which had taken suo motu cognizance of the expose the day after it was aired.

“Mr Anand and Mr Khan are prohibited from appearing in this court (Delhi High Court) or courts subordinate to it for four months from today. However, they are free to discharge their professional duties in terms of consultation, advice, conferences, opinions, etc,” said the Bench.

The court desisted from commenting on the conduct of Kulkarni, saying it would not be “proper” to do so.

Though the verdict comes solely on basis of the CDs and transcripts of the sting operation, the Bench said, “the unshakeable truth is that Mr Anand is guilty of criminal contempt of court”.

Contemplating a fit punishment, the Bench wondered how many in the legal fraternity had had been taken by surprise to find Anand indulging in such “sharp practices”. “Mr Anand has held many prestigious elective positions in the legal fraternity, including the Bar Council of Delhi. He has also been a Member of the Rajya Sabha,” noted the Bench.

The court said it knew Khan for his legal acumen and forensic skills — “perhaps the reason why he was appointed Special Public Prosecutor in the BMW case”. High expectations over Khan fell apart when his conduct “betrayed the trust that prosecution reposed in him... what he did was perhaps beyond the realm of contemplation of the prosecuting agency”.

Chastising the two for their misconduct, the Bench said: “We are not dealing with a young lawyer who, driven by ambition and desire... transgresses the limits 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.”

The court forwarded a recommendation that the two be “stripped of their designations as senior advocates”. The High Court Registrar General will put up the court’s recommendation before Chief Justice AP Shah within a month.

In response to the verdict, the Delhi Bar Association president, advocate Rajiv Khosla, said about 20,000 lawyers from district courts were going on strike on August 22 in protest.

R K Anand
Began legal career in Delhi’s Tis Hazari Court as a civil lawyer in 1967. Appointed government counsel in 1976. In 2000, JMM nominated him to Rajya Sabha from Jharkhand. Appointed AICC observer for Assembly polls in Himachal Pradesh in February 2003.

High-profile cases:
* In 1980, represented the late Indira Gandhi in a property litigation filed by Maneka Gandhi after Sanjay Gandhi's death
* Narasimha Rao in the JMM bribery and the St Kitts case
* Chandraswami in the FERA violation case
* H K L Bhagat in the 1984 anti-Sikh riots case
* Former external affairs minister Natwar Singh's son Jagat Singh in the murder/suicide of his wife Natasha Singh