No relief for R K Anand and I U Khan for now

The Supreme Court on Monday refused to stay for the time being, the order of the Delhi High Court banning the two senior advocates R K Anand and I U Khan from practice for four months. A two judge bench headed by Justice B N Agrawal however asked the Delhi High Court to place before it, the material on the basis of which the ban was imposed. 

Appearing for R K Anand, former Judge of Delhi High Court, R S Sodhi contended that the Delhi High Court had no jurisdiction to ban the two lawyers from practice as this comes under the exclusive domain of Bar Council of India. This argument did not move the bench which said “we want to see the record. We don’t believe in the same order.  We must apply our minds before deciding the case”.

While appearing for I U Khan, senior advocate P P Rao objected to the Delhi High Court’s recommendation to strip off the two lawyers of their designation of Senior Advocate. On this the Justice Agrawal said “there is no problem in part II of the High Court order. There is no question of argument on this. The High Court was competent to pass that order. So long the full court doesn’t decide on the Judicial side, the High Court could have passed the order”. The court has not posted the matter for further hearing on 22nd of September. 

The Delhi High Court on August 20th found both the advocates guilty of contempt of court as their acts amounted to obstuction of administration of justice. A division bench of Delhi High Court comprising Justice Manmohan Sarin and Justice Madan B Lokur had not only debarred these advocates from practicing but also imposed a fine of Rs. 2000 each for their irresponsible behaviour. The bench had also recommended to the Delhi High Court that both the advocates should be stripped off  their designation of Senior Advocates.

Anand, the defence counsel and Khan, the prosecutor, were shown as colluding with the witness in a sting operation last year. The court on May 31 last year had taken suo motu cognisance of the sting operation showing Anand, in collusion with Khan, allegedly offering money to Kulkarni to depose in favour of Sanjeev Nanda, the prime accused in the hit-and-run case.