SC notice on R K Anand's plea

The Supreme Court on Monday issued notice to Registrar General of Delhi High court on a petition filed by Senior Advocates R K Anand and I U Khan. Both the lawyers were banned by Delhi High Court from practicing for a period of four months. 

A two judge bench headed by Justice B N Agrawal while admitting the appeal, issued notice to examine the issue whether a court can debar an advocate from practice which comes under the exclusive domain of Bar Council of India. Both the advocates were found guilty of contempt who were trying to manipulate Sunil Kulkarni, an eye witness  in BMW hit and run case in which Sanjeev Nanda was the prime accused.

While arguing for R K Anand, Senior Advocate R K Dhavan contended before the apex court that they have not been given proper opportunity to fight their case. He also said that the Delhi High Court acted in excess of its jurisdiction and the two advocates have suffered ignominy in the eyes of public. 

“This is an inherent case of excessive jurisdiction”, said R K Dhavan before the two judge bench. Dhavan tried to put through the case by raising technical questions of law as the apex court was not inclined to stay the order of the High Court. “The Delhi High Court has been very lenient on you”, said Justice B N Agrawal while hearing the case.

Dhavan went on saying that three important issues are involved in the whole case. First, Delhi High Court has stepped out of its jurisdiction while deciding the issue. Secondly, there has been a lack of due process of law in the whole case and lastly, there is serious question of admissibility of the evidence in this case. Petitioners argued that the correctness of  evidence in this case, the video chips on which the sting was recorded, has to be established by the forensic experts.

The petitioners also contended before the court that unlike other cases, no monetary transaction has taken place in this case and the two advocates have been punished without giving them a proper opportunity of being heard. The apex court has now fixed October 14^th as the next date of hearing.