Holding

The Court upheld the conviction of R.K. Anand for criminal contempt, set aside I.U. Khan's conviction, and confirmed that a High Court may bar a contemnor advocate from appearing before it for a limited period, provided the procedure respects natural justice and the evidence of the sting recordings is admissible.

Summary

The Supreme Court examined the criminal contempt proceedings against senior advocate R.K. Anand and former special public prosecutor I.U. Khan arising from a televised NDTV sting operation that captured their alleged attempts to influence a prosecution witness in the high‑profile BMW hit‑and‑run trial. The Court held that the sting recordings were authentic, admissible and sufficient to establish Anand's contempt, while finding insufficient proof to sustain Khan's conviction. It affirmed the High Court’s power to bar a contemnor advocate from appearing before it for a limited period, provided natural‑justice requirements are met, and directed that High Courts frame rules under Section 34 of the Advocates Act. The Court set aside Khan’s conviction and fine, upheld Anand’s conviction (subject to a notice for possible enhanced punishment), and emphasized the need for higher professional standards among lawyers and responsible media conduct.

Issues considered

Whether the convictions of R.K. Anand and I.U. Khan for criminal contempt are legally justified.
Whether the procedure adopted by the Delhi High Court in the contempt proceedings complied with principles of natural justice.
Whether a High Court may prohibit a contemnor advocate from appearing before it and subordinate courts as a punishment for contempt.
Whether the punishment imposed on the appellants is proportionate to their misconduct.
The admissibility and authenticity of electronically stored sting recordings under the Contempt of Courts Act.
The extent of immunity available to a media outlet (NDTV) under Section 3 of the Contempt of Courts Act.
The role of the media in reporting sub‑judice matters and the balance between freedom of speech and the right to a fair trial.

Legislation cited

Advocates Act, 1961s. 34
Code of Criminal Procedure, 1973s. 161, s. 164, s. 311
Constitution of Indias. Article 19(1), s. Article 215, s. Article 227, s. Article 235
Contempt of Courts Act, 1971s. 12, s. 14, s. 17, s. 2, s. 3

Subjects

criminal contemptmedia sting operationNDTVsenior advocateAdvocates ActContempt of Courts Actnatural justiceevidence admissibilityhigh court powersprofessional ethicsBMW case

Judgment

[2009] 11 S.C.R. 1026

:i.- -
A R.K. ANAND
v.
REGISTRAR, DELHI HIGH COURT
(Criminal Appeal No. 1393 of 2008)
JULY 29, 2009
B
[B.N. AGRAWAL, G.S. SINGHVI AND AFTAB ALAM, JJ.]

._
CONTEMPT OF COURTS ACT, 1971:
~

c Sections 2, 3, 12, 14, 17:

Hit and run case known as BMW case - Attempt to
suborn a prosecution witness - Sting operation by a TV
channel - High Court issuing Contempt Notices to Defence
Counsel (RK) and the Special Public Prosecutor (IU) who
D were seen .discussing with the Prosecution witness (K) in the
t
sting operation - Not satisfied with the explanation of the
alleged 'contemnors', High Court held them viz. 'RK' and 'IU'
guilty of committing contempt of court and in exercise of
power under Article 215 of the Constitution of India, prohibited
E them from appearing in the Delhi High Court and courts
subordinate to it for four months - However, they were left free
to carry on their professional work like consultations, advices,
conference, opinion etc. - High Court also held that both the
Advocates had forfeited their right to be designated as Senior ..;

F Advocates and recommended to the Full Court to divest them ----
of the honour - Both the Advocates were also sentenced to
fine of Rs.20001- each on appeal, Held: The authenticity and
integrity of the sting recordings never disputed nor doubted
by 'RK' - Therefore no requirement of any formal proof of the
G sting operation - He was given fullest opportunity to defend
himself - The sting recordings were rightly made the basis
of conviction - Thus conyiction of 'RK' for contempt of court > ...
is proper, legal and valid calling for no interference - However
'RK' did not show any remorse for his gross misdemenour and
H 1026
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1027

----1 instead tried to take on the High Court by defying its authority A
- Punishment given by High Court inadequate and
incommensurate to the seriousness of his actions and
conduct - He needs to be kept away from the portals of the
court for a longer time - Accordingly, notice to be issued to
him - Such a notice would also cure the defect in the High B
Court order in debarring him from appearing in courts without
giving any specific notice - There is no doubt that the
exchanges between the proposed Prosecution Witness 'K'
-"
~
and the Prosecutor 'JU' far crosses the limits of proper
professional conduct of a prosecutor especially engaged to c
conduct a sensational trial and a designated Senior Advocate
of long standing - Thus the High Court rightly found that the
conduct of 'IU' was inappropriate for a lawyer in general and
a prosecutor in particular - But having regard to the charge
of criminal contempt any suspicion however strong cannot
D
take place of proof - Hence it would not be wholly prudent to
~
rely upon the exchanges between 'K' and 'RK' to record a
finding against 'IU' - On the basis of materials on record the
change of criminal contempt cannot be held to be
satisfactorily established against 'IU' and he is entitled to
E
benefit of doubt - Constitution of India, Articles 19, 227 and
235 - Administrative Law - Principles of Natural Justice.

Issue of Notice - High Court issuing notices to the

- '"'
Advocates only - Correctness of - Held: the stage of issue
of notices, the integrity, authenticity and reliability of the sting
recordings were wide open - In case the TV channel failed to
establish the genuineness and correctness, it would have
F

been equally guilty if not more of serious contempt of court
and other criminal offences - Thus, if notice had been issued
also to the TV Channel, there would have been no scope for G
grievance that the High Court put the TV Channel on the
.,,.,, ,, complainant's seat - Then perhaps the I
TV Channel would
have conducted itself in a more careful manner and the
lapses noticed might not have occurred.
H
1028 SUPREME COURT REPORTS [2009] 11 S.C.R.

A CONSTITUTION OF IND/A, 1950: ,.._.
Articles 227, 235 - Powers and duties of High Courts -
Every failed trial is a negative comment on the State's High
Court - It is high time that the High Courts assume a more
pro-active role in such matters - The powers are not confined
8
only to posting, transfer and promotion of the officers of the
subordinate judiciary - The power of control should also be
exercised to protect them from external interference that may
sometime appear overpowering to them and to support them ~

to discharge their duties fearlessly. ~

c
ADVOCATES ACT, 1961:

Section 34 - Debarring an Advocate from appearing in
Court - In a matter as fundamental and grave as preserving
D the purity of judicial proceedings, High Court would be free
to exercise the powers under Section 34 not withstanding the
·~
fact that Rules prescribing the manner of exercise of power
have not been framed - In the absence of statutory rules in
this regard, an Advocate facing charges of contempt would
normally think only of punishments under Section 12 of the
E
Contempt of Courts Act - He may not know that it might end
up in being debarred from appearing in Courts - Rules of
Natural Justice demand that he should be clearly told that he
might be debarred for a specific period - The warning may
be given in the initial notice of contempt or after he was held
F guilty- In the instant case, the Advocates were not given any
notice by the High Court that if found guilty they might be
"
-
prohibited from appearing in the High Court and the Courts
subordinate to it for a certain period - To that extent the
directions given by the High Court was not in conformity with
G the Principles of Natural Justice - In order to avoid such
controversies in future all the High Courts which have not so
far framed rules under Section 34 are directed to frame rules • ...,
without any further delay within four months - The High Courts
may also consider framing Rules for having Advocates on
H
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1029

·J Record on the pattern of the Supreme Court of India - A
Contempt of c;ourts Act, 1971, Sections 12, 14, 17 -
Administrative Law - Principles of Natural Justice.

STING OPERATION BY TV CHANNELS:

Sting operation conducted by NDTV in BMW case - The 8
programme telecast may have faults and weaknesses, but it
showed to the people that a conspiracy was afoot to
• undermine the trial - What was shown was proved to be
• substantially true and accurate - It was clearly intended to
prevent the attempt to interfere with or obstruct the due course C
of the trial - It was indeed in larger public interest and served
an important public cause.

LEGAL PROFESSION - Falling standards - Concern
expressed - Bar Council of India and State Bar Councils to D
pay proper attention to the restoration of high professiona•t
standards among lawyers worthy of their position in the judicial
system and in the society.

In a hit and run accident in Delhi, six people were
crushed to death, including three policemen. Known as E
the BMW Case, it was lingering for years, the main
accused coming from a very wealthy business family. It
evoked considerable media attention and public interest.

An English News Channel NDTV telecast a F
programme in which one 'K' was shown meeting 'IU', the
Special Public Prosecutor and 'RK', the Senior Defence
Counsel (with two others) negotiating for the sell out of
'K' in favour of defence for a very high price. 'K'
considered the most valuable witness for the prosecution G
was later on dropped by the prosecution. Shocked by the
TV programme the Delhi High Court suo moto initiated a
proceeding. It called for from the news channel all the
materials on which the telecast was based and after
.·.examining those materials issued show cause notices to H
1030 SUPREME COURT REPORTS [2009) 11 S.C.R.

A 'RK', 'IU' and 'BS', an associate advocate with 'RK' as to ,-... ..
why they should not be convicted and punished for
committing criminal contempt of court as defined under
section 2 (c) of the Contempt of Courts Act. On
considering their show cause and after hearing the
B parties the High Court expressed its displeasure over the
role of 'BS' but acquitted him of the charge of contempt
of court. As regards 'RK' and 'IU', however, the High
Court found and held that their acts squarely fell within
the definition of contempt under clauses (ii) & (iii) of
c section 2(c) of the Contempt of Courts Act. It, accordingly,
held them guilty of committing contempt of Court and in
exercise of power under Article 215 of the Constitution
of India prohibited them, by way of punishment, from
appearing in the Delhi High Court and the courts
subordinate to it for a period of four months from the date
0
of the judgment. It, however, left them free to carry on
their other professional work, e. g., 'consultations,
advises, conferences, opinion etc'. It also held that 'RK'
and 'IU' had forfeited their right to be designated as
Senior Advocates and recommended to the Full Court to
E divest them of the honour. In addition to this the High
Court also sentenced them to fine of rupees two
thousand each. Hence the appeals.

The following questions arose for consideration:
F
1. Whether the conviction of the two appellants for
committing criminal contempt of court is justified and
sustainable?

2. Whether the procedure adopted by the High Court
G in the contempt proceedings was fair and reasonable,
causing no prejudice to the two appellants?

3. Whether it was open to the High Court to prohibit
the appellants from appearing before the High Court and
H the courts sub-ordinate to it for a specified period as one
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1031

-~ of the punishments for criminal contempt_ of court? A

4. Whether in the facts and circumstances of the case
the punishments awarded to the appellants can be said
to be adequate and commensurate to their misdeeds?

Apart from the above, some other important issues B
also arose from the facts of the case:

... 5. The role of NDTV in carrying out sting operations
~
and telecasting the programme based on the sting
materials in regard to a criminal-trial that was11<:>ing on c
before the court.

6. The declining professional standards among
,,. lawyers, and

7. The root-cause behind the whole affair; the way D
the BMW trial was allowed to go directionless.

Allowing the appeal of 'IU' and dismissing the appeal
of 'RK' subject to the notice issued to him for
enhancemen't of punishment, the Court E
HELD: 1. It is one thing to say that the standard of
proof in a contempt proceeding is no less rigorous than
a criminal trial but it is something entirely different to insist
that the manner of proof for the two proceedings must
also be the same. It is now well settled and so also the F
High Court has held that the proceeding of contempt of
court is sui generis. In other words, it is not strictly
controlled by the provisions of the CrPC and the Indian
Evidence Act. What, however, applies to a proceeding of
contempt of court are the principles of natural justice and G
those principles apply to the contempt proceeding with
"' .j
greater rigour than any other proceeding. This means·
that the Court must follow a procedure that is fair and
objective; that should cause no prejudice to the person
H
1032 SUPREME COURT REPORTS [2009] 11 S.C.R.

A facing the charge of contempt of court and that should >- •
allow him/her the fullest opportunity to defend himself/
herself. [Para 82] [1108-A-D]

In Re Vinay Mishra (1995) 2 SCC 584 and Daroga
Singh and Ors. vs. B.K. Pandey (2004) 5 sec 26, relied on.
B
Mritunjoy Das vs. Sayed Hasibur Rahman, (2001) 3 SCC
739; Chotu Ram vs. Urvashi Gulati and Ors., (2001) 7 SCC
530; Anil Rattan Sarkar vs. Hirak Ghosh, (2002) 4 SCC 21; •
Bijay Kumar Mahanty vs. Jadu @ Ram Chandra Sahoo,
c (2003) 1 SCC 644; J. R. Parashar, Advocate vs. Prashant
Bhushan, Advocate (2001) 6 SCC 735; S. Abdul Karim vs.
-
•

NK Prakash and others (1976) 1 SCC 975; SA Khan vs.
Bhajan Lal, (1993) 3 SCC 151; Quamarul Islam vs. S. K.
~-
Kanta, (1973) 1 SCC 471; N. Shri Rama Reddy vs. V. Giri
D (1970) 2 SCC 340; R. M. Malkani vs. State of Maharashtra
(1973) 1 SCC 471; Mahabir Prasad Verma vs. Dr. Surinder
Kaur (1982) 2 SCC 258 and Rafll Singh vs. Col. Ram Singh
(1985) Suppl SCC 611, referred to.

R vs. Stevenson, 1971 (1) All ER 678 and State vs.
E
Cannon. 92 N C App. 246, referred to.

'The Sedona Conference. Commentary on ES/ Evidence
& Admissibility': A Project of The Sedona Conference
Working Group on Electronic Document Retention &
F Production (WGl).,by Mr. Ahmed published in Sedona
Conference Journal, Fall 2008 and "Detection Technique of
Video Tape Alteration on the Basis of Sound Track Analysis"
The Indian Police Journal, July- September 2004 issue,
referred to.
G
2.1. 'RK' admitted that 'K' met him at the airport
lounge. He didn't deny any part of the conversation
between them as shown in the programme based on the • ...
sting recordings. To the anchor of the first programme,
H
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1033

~ he impliedly admitted meeting 'K' for the second time in A
the car simply stating that he didn't ask 'K' to sit in the
car and he did not ask him to come to the office. But
•.
about half an hour later, to the anchor of the second
programme, though admitting meeting 'K' at the airport
lounge, 'RK' completely denied meeting him in the car or B
anywhere else for the second time. However, the denial
was quite false. [Para 84] [1113-C-D]
J• 2.2. 'RK', in his interactions with the programme
~
_..., anchors, appeared to be quite stunned at being caught
on the camera in the wrong act, rather than outraged at
c
any false accusations. [Para 85] [1113-E-F]

-11::
2.3. Immediately after the telecast 'RK' sent a legal
notice to NDTV threatening legal actions against them
and demanding a. huge sum as compensation. NDTV D
.... gave its reply to the legal notice and thereafter 'RK' didn't
pursue the matter any further. tPara 86) (1113-F-G]

2.4. There is plain and clear admission in regard to

- the second meeting taking place in the car between 'RK'
and 'K' on the evening of May 8, 2007. The statement
made on oath before the High Court thus completely
falsifies his denial in the live interview with the anchor of
the TV programme about the second meeting with 'K' in
E

.. the car. As to the later part of the paragraph regarding the
F
alleged sting on 'K' by 'S', this Court does not have the
slightest doubt that it was an afterthought and
concoction. Had there been such a sting recording 'RK'
was duty bound to inform the High Court about it when
the Criminal Revision against the trial court order
summoning 'K' as court witness was heard on several G
dates in May 2007 before the telecast of the programme
--- .j
by ND1V. He was equally duty bound to inform the trial
court about 'K's approaches and the sting done on him
by 'S' when 'K' was examined before it on May 14, 17 &
H
1034 SUPREME COURT REPORTS [2009] 11 S.C.R.

A 29. [Para 89) [1115-A-D] ....
2.5. Further, interestingly, though calling the sting
recordings fabricated, manufactured, and distorted, he
also relies on the very same sting recordings to make out
-
some point or the other in his defence. [Para 90) [1115-
B
E]

2.6. 'RK' thus accepts the entire recordings in both
the stings. For, it is absurd even to suggest that the sting JI

recordings are true and correct if those are seen as .
c supporting his explanations but are otherwise false and
fabricated. [Para 91) [1119-A-B]

2.7. There is no substance in the anomalies and
alleged inter correlation in the sting recordings as pointed .-
D out on behalf of 'RK' on the basis of the eight minute CD
which he got prepared from the materials supplied to him
by the Court. Along with ti .e other materials this Court
also viewed eight minute CD produced by 'RK'. In the CD
an attempt is made to show that the frames in the sting
recordings some times jumped out of the sequence
E
number and such other technical flaws. The objections
raised by 'RK' were fully explained by the affidavit filed
on behalf of NDTV. [Para 93) [1119-D-F]
-
2.8. On a careful consideration of the materials on
F record this Court does not have the slightest doubt that
the authenticity and integrity of the sting recordings was
never disputed or doubted by 'RK'. He kept on changing
his stand in regard to the sting recordings. In the facts
and circumstances of the case, therefore, there was no
G requirement of any formal proof of the sting recordings.
Further, so far as 'RK' is concerned there was no violation
of the principles of natural justice inasmuch as he was .
given copies of all the sting recordings along with their
transcripts. He was fully made aware of the charge
H against him. He was given fullest opportunity to defend
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1035

·-~
himself and to explain his conduct as appearing from the A
sting recordings. The High Court viewed the microchips ·.
used in the spy camera and the programme telecast by
TV channel in his presence and gave him further
opportunity of hearing thereafter. The sting recordings
were rightly made the basis of conviction and the B
irresistible conclusion is that the conviction of 'RK' for
contempt of court is proper, legal and valid calling for no
... interference. [Para 95] [1120-C-F]
..
3.1. The recording of the sting operation on 'IU' is
more than an hour long. But the transcript of this sting
c
recording submitted to the Court by NDTV is confined
only to the exchange between 'IU' and 'K'. In the absence
.....
of the full transcript it becomes difficult and cumbersome
to see what transpired between 'K' and 'D' immediately
before and after the meeting with their subject. That part D
+.
of the sting recording was also highly relevant and
important for judging the true import of the exchange that
took place between 'K' and 'IU'. It is surprising that the
High Court did not notice this big omission in the
transcript of the first sting and this Court records its E
disapproval of NDTV in withholding the full transcript of
the sting recording. [Para 97] [1121-G-H; 1122-A-B]
,., 3.2. The conduct of NDTV before the High Court in a
vary serious proceeding was quite cavalier and causal. F
At the time the High Court issued show cause notices to
the three proceedees it did not have before it the
recording on one of the five microchips used in the sting
operations. The materials given to the proceedees along
with show cause notice were not exactly the same as
G
submitted before the High Court. The explanation in the
'- 4 form of affidavit came on October 1, 2007 on the same
day when 'IU' filed his reply affidavit in response to the
show cause notice. [Para 100] [1124-F-H; 1125-A]

3.3. Having regard to seriousness of the proceeding H
1036 SUPREME COURT REPORTS (2009] 11 S.C.R.

"'1- ,,
A this Court should have wished that it was free from such
lapses. But it needs to be made absolutely clear that the
irregularities pointed out above were in regard to the first •
sting concerning 'IU'. These in no way affect 'RK' or alter
his position. The discussions and findings recorded
8 above in respect of 'RK' thus remains completely
unaffected by the mistakes pointed out here. [Para 102]
[1125-E-G]
.)

3.4. 'IU' does not deny the conversation that is shown .
to have taken place between him and 'K'. In his first
c response, that is, in the interview given to NDTV on the
morning following the telecast he said that he did not
deny anything at all, he did not deny {the utterances) but
the inferences sought to be drawn were totally unfounded
and wrong. When he said 'Bade Saheb' he meant some
D high officer in the police headquarter. He also said that
was the way 'K' used to refer to superior officers in the
police headquarter(s) and that is how he had referred to
them in his deposition before the trial court. When the trial
court asked 'K' to clarify he explained that Bade Saheb
E meant a superior officer of the police headquarter. The
words Bade Saheb, according to 'IU', did not in any way
refer to 'RK'. The High Court did not accept 'IU's defence.
The High Court held that there was great familiarity
between 'IU', 'K' and 'RK'. In coming to this conclusion,
F the High Court relied a great deal upon the conversations
between 'K' and 'RK'. [Paras 106, 108 and 109) [1129-H;
1130-A-G]

3.5. The High Court further held that when 'IU' asked
'K' whether he had met 'Bade Saheb' he only meant 'RK'.
G
It rejected 'IU's stand that what he meant by the
expression was a senior police officer. The High Court •
observed that no material was produced on behalf of 'IU'
in support of the statement that in colirse of his
deposition before the trial court 'K' used the expression
H
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1037

'Bade Saheb' to mean a senior police officer. It further A
observed that in the sting operation, just before the
conclusion of the meeting, 'K' had said that he had met
'P' (who was then the Police Cbmmissioner). This,
according to the High Court, clearly showed that 'K'
referred to the Police Commissioner by his name and not B
by the expression 'Bade Saheb'. High Court further
observed that for 'K' there was no reason to meet the
senior police officers particularly when he was dropped
as prosecution witness. There was nothing to suggest
that while in Delhi 'K' used to meet the senior police c
officers. On the other hand there was sufficient evidence
to show that he was very familiar with both 'IU' and 'RK',
had easy access to both of them and used to frequently
meet them. The High Court then took up 'K's affidavit that
supported 'IU's plea that by the expression he had meant D
some senior police officer and not 'RK' and rejected it on
a number of grounds. [Paras 110 and 111] [1130-G-H;
1131-A-F]

3.6. This Court has carefully gone through all the
materials concerning 'IU' and perused the transcript of E
the exchange between 'K' and 'IU' and have also viewed
the full recording of the sting several times since the full
transcript of the recording is not available on the record.
This Court does not have the slightest doubt that the
exchange between 'K' and 'IU' far crosses the limits of F
proper professional conduct of a prosecutor (especially
engaged to conduct a sensational trial) and a designated
Senior Advocate of long standing. This Court not
prepared to accept for a moment that on seeing 'K'
suddenly after several years in the company of a 'burly G
stranger' 'D', 'IU' became apprehensive about his
personal safety since in the past some violent incidents
had taken place in the court premises and some lawyers
had lost their lives and consequently he was simply play-
acting and pampering 'K' in order to mollify him. The plea H
1038 SUPREME COURT REPORTS [2009] 11 S.C.R.

A is not borne out from the transcript and much less from ....
the video recording. In the video recording there is no
trace of any fear or apprehension on his face or in his
gestures. He appears perfectly normal and natural sitting
among his colleagues (and may be one or two clients)
8 and at no point the situation appears to be out of his
control. As a matter of fact, the plea is not quite worthy
of a lawyer of 'IU's standing and this Court should have
much appreciated had he simply taken the plea of an )>

error of discretion on his part. [Para 116] [1134-E-H; 1135-
"
c A]
3.7. Coming back to the exchange between 'IU' and
'K', this Court accepts that the transcript of the exchange
does not present the accurate picture; listening to the live
voices of the two (and others present in the chamber) on
D the CD gives a more realistic idea of the meeting. This
Court grants everything that can be said in favour of 'IU'.
The meeting took place without any prior appointment
from him. 'K' was able to reach him, unlike 'RK', without
his permission or consent. 'IU' did not seem to be overly
E enthused at the appearance of 'K'. Accosted by 'K', he
spoke to him out of civility and mostly responded only
to his questions and comments. There were others
present in the chamber with whom he was equally
engaged in conversation. He also greeted someone else -1
',
F who came into the chamber far more cheerfully than 'K'.
But the undeniable fact remains that he was talking to him
all the time about the BMW trial and the related
proceedings. Instead of simply telling him to receive the
summons and appear before the court as directed, 'IU'
G gave reassurances to 'K' telling him about the revision
filed in the High Court against the trial court's order. He
advised him to relax saying that since he had dropped ..
him (as a prosecution witness) the court was no one to
ask for his statement. The part of the exchange that took
H place outside the chamber was worse. Inside the
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1039

~ ... chamber, at one stage, 'IU' seemed even dismissive of 'K' A
but on coming out he appeared quite anxious to fix up
. another meeting with him at his residence giving
promising good Scotch whisky as inducement. 'IU' would
be the first person to deny any friendship or even a long
acquaintanceship with 'K'. The only common factor B
between them was the BMW case in which one was the
prosecutor and the other was a prosecution witness, later
. dropped from the list of witnesses. A lawyer, howsoever,
affable and sociable by disposition, if he has the slightest
~

respect for professional ethics, would not allow himself c
such degree of familiarity with the witness of a criminal
trial that he might be prosecuting and would not indulge
with him into the kind of exchange as admittedly took
place between 'IU' and 'K'. This Court is also not prepared
to believe that in his conversation with 'K', 'IU' did not D
mean what he was saying and he was simply trying to
~
somehow get rid of 'K'. The video of the sting recordings
leaves no room for doubt that 'IU' was freely discussing
the proceeding of BMW case with 'K' and was not at all
averse to another meeting with him rather he was looking
E
forward to it. This Court, therefore, fully endorses the
High Court finding that the conduct of 'IU' was
inappropriate for a lawyer in general and a prosecutor in
particular. [Para 117] [1135-8-H; 1136-A-D]
~

4.1. The High Court held that there was an F
extraordinary degree of familiarity between 'IU', 'K' and
1
'RK' and each of them knew that the other two were
equally familiar with each other. So far as BMW trial is
concerned 'K' was a link 'between 'IU' and 'RK'. 'IU', by
reason of his familiarity both with 'RK' and 'K' would also G
know about the game that was afoot for the subversion
-.1 of the trial. He failed to inform the prosecution and the
'-
court about it and his omission to do so was likely. to
have a very serious impact on the trial. He was, therefore,
H
1040 SUPREME COURT REPORTS [2009] 11 S.C.R.

A guilty of actually interfering with due course of judicial ...
proceeding, in the BMW case. [Para 119) [1136-E-G]

4.2. While examining what 'K' understood or rather
what he wanted 'D' to believe what was meant by 'Bade
Saheb' it is necessary to bear in mind that the whole
B
object of the sting was to uncover the alleged unholy
alliance between the defence and the prosecution. It was
based on the premise that the prosecution was colluding ,.
with the defence in the effort to save the accused In the
~
.BMW case. In that situation for 'K', who for his own
c reasons was anxious to get NDTV's help for doing the
sting, it was natural to find out and show to 'D' some link
between 'IU' and 'RK' irrespective of whether or not there
was, in reality, any link between the two. There is no way
to find out whether 'K' really believed that by 'Bade
D Saheb' 'IU' meant 'RK' or he just wanted 'D' to believe so.
But even if 'K' really understood Bade Saheb to mean
'RK', that would not change the position much. It is not
important what 'K' or 'D' or any one else understood
(truthfully or otherwise!) by that expression. One may use
E an expression to mean a certain thing but to the listener
it may mean something quite different. What is important
here is to judge what 'IU' meant when he used that
expression. On the basis of the exchange between 'K'
and 'D', it will be highly unsafe to hold that when 'IU'
F asked 'K' whether he had met "Bade Saheb' he meant
'RK'. [Para 125] [1139-D-H; 1140-A-B]

4.3. The High Court rejected 'IU's explanation that
what he meant by 'Bade Saheb' was some senior officer
in the police headquarter. According to 'IU', 'K' was in the
G
habit of directly approaching the superior police officers
and he would refer to them by that expression. The
proceeding before the High Court was under the
..
Contempt of Courts Act and the High Court was not
following any well known and well established format. In
H
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1041

"'- .. that situation it was only fair to give notice to the A
proceedees to substantiate the pleas taken in the reply
affidavit by leading proper evidence. It must, therefore be
held that the High Court rejected a material plea raised
on behalf of the 'IU' without giving him any opportunity
to substantiate it. [Paras 126 and 127] [1140-C; 1141-A- B
E]

4.4. Further, the High Court, for arriving at the finding
...
that there was a high degree of familiarity among 'IU', 'K'
~
and 'RK' has repeatedly used the transcripts of the
meetings between 'K' and 'RK'. It is indeed true that in
c
the exchanges between 'K' and 'RK' there are many
references to 'IU'. That may give rise of a strong suspicion,
of a common connection between the three. But having
regard to the charge of criminal contempt any suspicion
howsoever strong cannot take the place of proof and this D
-4-
Court does not feel it wholly prudent to rely upon the
exchanges between 'K' and 'RK' to record a finding
against 'IU'. [Para 128] [1141-E-G]

4.5. The appellant was given no opportunity to show E
that, as a matter of fact, after 'K' met him at the Patiala
House on April 28, 2007 he had informed the concerned
authorities that after being summoned by the court 'K'
:..- was back to his old tricks. He further submitted that the
appellant, given the opportunity, could also show that the F
decision to riot examine him as one of the prosecution
witnesses was taken by the concerned authorities in
consultation with him. On the basis of materials on record
the charge of criminal contempt cannot be held to be
satisfactorily established against 'IU' and he is entitled to
G
the benefit of doubt. [Paras 130 and 131] [1142-C-F]
. """ 5.1. At first the direction of the High Court leaving the
microchips containing the original' sting recordings and
the magnetic tapes with the TV channel indeed appears
to be somewhat strange and uncommon but a moment's H
1042 SUPREME COURT REPORTS [2009] 11 S.C.R.

I> •
A thought would show the rationale behind it. If the
recordings on the microchips were fake from the start or
if the microchips were morphed before notice was issued
to the TV channel, those would come to the court in that
condition and in that case the question whether the
B microchips were genuine or fake/morphed would be
another issue. But once the High Court obtained their
copies there was no possibility of any tampering with the
microchips from that stage. Moreover, the High Court ,.
might have felt that the TV channel with its well equipped
c studio/laboratory would be a much better place for the
"
handling and conservation of such electronic articles than
the High Court Registry. On the facts of the case,
therefore, there was no lapse on the part of the High Court
in leaving the microchips in the safe custody of the TV
channel and in any event it does not have any bearing
D
on the final decision of the case. [Para 133] [1143-B-E]

5.2. Since the contents of the sting recordings were
admitted there was no need for the proof of integrity and
correctness of the electronic materials. But at the time the
E High Court issued notices to the two appellants (and two
others) the position was completely different. At that
stage the issue of integrity, authenticity and reliability of
the sting recordings was wide open. The appellants might
have taken the stand that not only the sting recordings
F but their respective responses shown by the TV channel
were fake and doctored. In such an event the TV channel
would have been required to be subjected to the strictest
proof of the electronic materials on which its programmes
were based and, in case it failed to establish their
G genuineness and correctness, it would have been·
equally guilty, if not more, of serious contempt of court
and other criminal offences. By all reckoning, at the time . ,.
of initiation of the proceeding, the place of NDTV was
along with the appellants facing the charge of contempt.
H Such a course would have put the proceeding on a more
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1043

~-~
even keel and given it a more balanced appearance. Then A
perhaps there would have been no scope for the
grievance that the High Court put the TV channel on the
complainant's seat. And then perhaps the TV Channel too
would have conducted itself in a more careful manner
and the lapses as in the case of 'IU' might not have B
occurred. [Para 134] [1143-G-H; 1144-A-D]

6.1. In a given case a direction disallowing an
>.
;.
advocate who is convicted of criminal contempt from
appearing in court may not only be a measure to maintain
the dignity and orderly functioning of the courts but may
c
become necessary for the self protection of the court and
for preservation ofthe purity of court proceedings. [Para
143) [1154-D-E]

6.2. Further, the prohibition against appearance in D
.... courts does not affect the right of the concerned lawyer
to carry on his legal practice in other ways. [Para 143]
[1155-D]

6.3. The occasion to take recourse to the extreme
E
step of debarring an advocate from appearing in court
should arise very rarely and only as a measure of last

~
resort in cases where the wrong doer advocate does not
at all appear to be genuinely contrite and remorseful for
his act/conduct, but on the contrary shows a tendency
to repeat or perpetuate the wrong act(s). [Para 145] [1155- F
F-G]

6.4. Ideally every High Court should have rules
framed under section 34 of the Advocates Act in order to
meet such eventualities but even in the absence of the G
Rule the High Court cannot be held to be helpless against
.... -../ such threats. In a matter as fundamental and grave as
preserving the purity of judicial proceedings, the High
Court would be free to exercise the powers vested in it
under section 34 of the Advocates Act notwithstanding H
1044 SUPREME COURT REPORTS [2009] 11 S.C.R.

A the fact that Rules prescribing the manner of exercise of
power have not been framed. But in the absence of
statutory Rules providing for such a course an advocate
facing the charge of contempt would normally think of
only the punishments specified under section 12 of the
B Contempt of Courts Act. He may not even imagine that
at the end of the proceeding he might end up being
deb:ured from appearing before the court. The rules of
natural justice, therefore, demand that before passing an ).

order debarring an advocate from appearing in courts he
c must be clearly told that his alleged conduct or actions
are such that if found guilty he might be debarred from
appearing in courts for a specific period. The warning
may be given in the initial notice of contempt issued
under section 14 or section 17 (as the case may be) of
the Contempt of Courts Act. Or such a notice may be
D
given after the proceedee is held guilty of criminal
contempt before dealing with the question of punishment.
[Para 146] [1155-G-H; 1156-A-E]

6.5. In order to avoid any such controversies in future
E all the High Courts that have so far not framed rules
under section 34 of the Advocates Act are directed to
frame the rules without any further delay. It is earnestly
hoped that all the High Courts shall frame the rules within

F
four months. The High Courts may also consider framing
rules for having Advocates on Record on the pattern of
the Supreme Court of India. Suborning a witness in a
criminal trial is an act striking at the root of the judicial
proceeding and it surely deserves the treatment meted
'
out to the appellant. But the appellants were not given
G any notice by the High Court that if found guilty they
might be prohibited from appearing in the High Court, and
the courts subordinate to it, for a certain period. To that .. "'
extent the direction given by the High Court was not in
conformity with the principles of natural justice. [Para 147]
H [1156-E-H]
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1045

Ex. Capt. Harish Uppal vs. Union of India and Anr. (2003) A
2 sec 45, followed.

Supreme Court Bar Association vs. Union of India (1998)
4 SCC 409; Pravin C. Shah vs. K.A. Mohd. Ali and Anr.
(2001) 8 SCC 650 and Bar Council of India vs. The High B
Court of Kera/a (2004) 6 SCC 311, referred to.

7.1. What is of significance in 'K"s affidavit, however,
is that it anticipated what in the sting recordings might
prove fatal for 'RK' and 'IU' and tried to do the ground
work for their defence. In regard to his meeting with 'IU', C
'K' said that he met and spoke to him in the manner
directed by 'P'. He further said on affidavit that when 'IU'
asked him if he had met 'Bade Saheb' he implied some
senior police official but it was 'P' who forced him to say
that 'IU' referred to 'RK'. Now, this is exactly what 'IU' said D
in his interview to the TV channel and what he would say
later in his show cause to the High Court. He also said
that as agreed between the two in the meeting of April 28,
2007, he again met 'IU' in the evening but the
conversation that took place in that meeting exposed E
NDTV story and, therefore, that recording was withheld
from being telecast. [Para 150] [1157-H; 1158-A-C]

7.2. The similarity between what 'K' said in his
affidavit and what 'RK~ had to say about this matter and
F
the manner in which he would say it is unmistakable. This
Court is unable to believe the manner in which 'K's
affidavit fore-shadows the proceedees defence was
simply coincidental. It does not require much imagination
to see that 'K' had once again switched over sides and
he had joined hands with those whom he had earlier tried G
to trap in the stings. [Para 151] [1158-E-G]

8.1. Of all the obstructive measures adopted before
the High Court the most unfortunate and undesirable
H
1046 SUPREME COURT REPORTS [2009] 11 S.C.R.

A came from 'RK' in the form of a petition 'requesting' ,. .
Manmohan Sarin J., the presiding judge on the bench
dealing with the matter, to recuse him from the
proceeding. This petition, an ill concealed attempt at
intimidation, was, as a matter of fact, 'RK's first response
B to the notice issued to him by the Court. He stated in this
petition that he had the feeling that he was not likely to
get justic~ at the hands of Manmohan Sarin J. He further
stated alluding to some past events, that he had tried his
A
best to forget the past and bury the hatchet but the way .-
c and the manner in which the matter was being dealt with
had caused the greatest damage to his reputation. He
made the prayer that the recusal application should be
heard in camera and the main matter be transferred to
another Bench of which Sarin J. was not a member.
Along with the petition he filed a sealed cover containing
D
a note and the materials giving rise to the belief that he
was not likely to get justice at the hands of Sarin J. [Para
156] [1160-A-D]

8.2. Having dealt with the rest of the allegations made
E in the recusal application, the order, towards its end, said
something which alone was sufficient to reject the
request for recusal. It was pointed out that the applicant
had a flourishing practice; he had been frequently
appearing in the court of Sarin, J. ever since he was
F appointed as a judge and for the past twelve years was
getting orders, both favourable and unfavourable, for his
different clients. He never complained of any unfair
treatment by Sarin J. but recalled his old 'hostility' with
the judge only after the notice was issued to him. [Para
G 158] [1162-D-E]
8.3. The said order correctly sums up what should
be the Court's response in the face of a request for
recusal made with the intent to intimidate the court or to
get better of an 'inconvenient' judge or to obfuscate the
H
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1047

- ~.
/

issues or to cause obstruction and delay the proceedings A
or in any other way frustrate or obstruct the course of
justice. [Para 159] [1163-C-D]

8.4. A motivated application for recusal, therefore,
needs to be dealt with sternly and should be viewed
B
ordinarily as interference in the due course of justice
leading to penal consequences. [Para 159] [1163-E]

8.5. The other Judge on the Bench, however, it seems
was unable to bear the onslaught and he took the easy
way out. He expressed his inability to concur with the c
order passed by presiding judge observing that "the
nature of the controversy before us pertains to my
learned brother alone. It revolves around a number of
factual assertions, which can only be known to my
learned brother personally, and which must necessarily D
be examined in the light of the law on the subject.
"- Therefore, I consider it inappropriate to express any
opinion in the matter, one way or the other." Having
passed the brief separate order he declined to take any
further part in the proceeding. [Para 160] [1163-E-G] E
8.6. The said development provided 'RK' with another
"\ opportunity to carry on his offensiye further. He
i unhesitatingly availed of the opportunity and filed an
)
~ application for clarification/review of the order dated
October 4, 2007 dismissing his recusal petition. Review
F
was sought primarily on the ground that the order of
Sarin J. was not the order by the Bench since the other
judge had declined to concur with him. After the other
judge opted out of the Bench, the Chief Justice put Lokur
J. in his place. Consequently, the clarification/review G
application came before Sarin J., sitting with Lokur J., and
.. ,., the first thing this Bench was told, and with some
assertiveness too, was that it was not competent to hear
the application and it could only be heard bythe previous
H
1048 SUPREME COURT REPORTS [2009] 11 S.C.R.

A Bench as it arose from an order passed by that Bench. ~ ~
The clarification/review application was rejected by a long
order dated November 29, 2007 authored by Lokur J.
Henceforth all substantive orders in the proceeding
werewritten, not by the presiding judge, but by Lokur J.
B and the significance of it is not lost on us. The application
for recusal though rejected was not completely
unsuccessful. It left a lasting shadow on the proceeding.
[Paras 161 and 162] [1164-A-D]

8.7. Apart from filing an application for its
C clarification/review before the High Court, the order
rejecting the recusal application was also sought to be
challenged before this Court by filing SLP. The SLP was,
however, withdrawn on December 14, 2007. Nevertheless, ....
the challenge to the High Court order rejecting the
D recusal application is still not given up and paragraphs
H & I of the Grounds i,, the present Memo of appeal •
expressly seek to assail that order. The appellant was
given ample time to consider the suggestion for
withdrawing the said grounds but later, on enquiry his
E counsel stated that he had not pressed those grounds
in course of his submissions exercising his discretion as
the Counsel but he had no instructions to get those
grounds deleted from the SLP. [Paras 163 and 164] [1164-
E-H; 1165-A-C]
F
8.8. The action of the appellant, 'RK' in trying to
suborn the court witness in a criminal trial was
reprehensible enough but his conduct before the High
Court aggravates the matter manifold. He does not show
any remorse for his gross misdemeanour and instead
G tries to take on the High Court by defying its authority.
The punishment given to him by the High Court was
wholly inadequate and incommensurate to the
seriousness of his actions and conduct. Accordingly, it
is proposed to issue a notice to him for enhancement of
H
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1049

._ ~

punishment. By his actions and conduct the appellant A
has established himself as a person who needs to be !<ept
away from the portals of the court for a longer time. The
notice would therefore require him to ~how-cause why
the punishment awarded to him should not be enhanced
as provided under section 12 of the Contempt of Courts B
Act. He would additionally show-cause why he should
not be debarred from appearing in courts for a longer
period. The second part of the notice would also cure the
defect in the High Court order in debarring the appellant
from appearing in courts without giving any specific c
notice in that regard. [Para 165] [1165-D-G]

9.1. This Court unable to agree that the TV channel
•, viz. NDTV should have carried out the stings only after
obtaining the permission of the trial court or the Chief
Justice of the Delhi High Court and should have D
"- submitted the sting m~terials to the 'court before its
telecast. Such a course would not be an exercise in
journalism but in that case the media would be acting as
some sort of special vigilance agency for the court. On
little consideration the idea appears to be quite repugnant E
both from the points of view of the court and the media,
It would be a sad day for the court to employ the media
/ ,...l for setting its own house in order; and media too would
~ certainly not relish the role of being the snoopers for the
court. Moreover, to insist that a report concerning a F
pending trial may be published or a sting operation
concerning a trial may be done only subject to the prior
consent and permission of the court would tantamount
to pre-censorship of reporting of court proceedings. And
this would be plainly an infraction of the media's right of G
freedom of speech and expression guaranteed under
... ~ Article 19(1) of the Constitution. This is, however, not to
say that media is free to publish any kind of report
concerning a sub-judice matter or to do a sting on some
H
1050 SUPREME COURT REPORTS [2009] 11 S.C.R.

; ~
A matter concerning a pending trial in any manner they
please. The legal parameter within which a report or
comment on a sub-judice matter can be made is well
defined and any action in breach of the legal bounds
would invite consequences. Compared to normal
B reporting, a sting operation is an incalculably more risky
and dangerous thing to do. A sting is based on deception
and, therefore, it would attract the legal restrictions with
far greater stringency and any infraction would invite
more severe punishment. [Para 173] [1170-B-G]
c 9.2. It can hardly be said that the sting programme
telecast by NDTV was a media trial. Leaving aside some
stray remarks or comments by the anchors or the
interviewees, the programme showed some people trying ..
to subvert the BMW trial and the state of the criminal
D administration of justice in the country (as perceived by
..!
the TV channel and the interviewees). There was nothing
in the programme to suggest that the accused in the
BMW case were guilty or innocent. The programme was
not about the accused but it was mainly about two
E lawyers representing the two sides and one of the
,
witnesses in the case. It indeed made serious allegations
against the two lawyers. The allegations, insofar as 'RK'
is concerned, stand established after strict scrutiny by
the High Court and this Court. Insofar as 'IU' is concerned,
I

,. -
F though this Court held that his conduct did not constitute
criminal contempt of court, nonetheless allegations
against him too are established to the extent that his
conduct has been found to be inappropriate for a Special
Prosecutor. In regard to the witness the comments and
G remarks made in the telecast were never cubject to a
judicial scrutiny but those too are broadly in conformity
with the materials on the court's record. Thus this Court
is clearly of the view that the sting programme telecast
~ "
by NDTV cannot be described as a piece of trial by
- H
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1051

....... media. [Para 175] [1171-E-H; 1172-A-B] A

Saibal Kumar Gupta & Ors. vs. B.K. Sen & Anr. 1961 3
SCR 460; In Re: P. C. Sen (1969) 2 SCR 649; Reliance
Petrochemicals Ltd. vs. Proprietors of Indian Express
Newspapers, Bombay Pvt. Ltd. (1988) 4 SCC 592 and MP. B
Lohia vs. State of WB. (2005) 2 SCC 686, referred to.

10.1. Sub-section (1) of section 3 provides immunity
~
·to a publisher of any matter which interferes or tends to
~
interfere with, or obstructs or tends to obstruct the course
of justice in any civil or criminal proceeding if he c
reasonably believed that there was no proceeding

- ~
pending. Sub-section (3) deal with distribution of the
publication as mentioned in sub-section (1) and provides
immunity to the distributor if he reasonably believed that
the publication did not contain any matter which
interfered or tended to_ interfere with, or obstructed or
D

tended to obstruct the course of justice in any civil or
criminal proceeding. The immunity provided under sub-
section (3) is subject to the exceptions as stated in the
proviso and explanations to the sub-section. This Court E
fails to see any application of section 3(3) of the Contempt
of Courts Act in the facts of this case. In this case there
is no distribution of any publication made under sub-
~
section (1). Hence, neither sub-section (3) nor its proviso
or explanation is attracted. NDTV did the sting, prepared F
a programme on the basis of the sting materials and
telecast it at a time when it fully knew that the BMW trial
was going on. Hence, if the programme is held to be a
matter which interfered or tended to interfere with,
orobstructed or tended to obstruct the ~ue course of the G
BMW case then the immunity under sub-section (1) will
not be available to it and the telecast would clearly
"~ constitute criminal contempt within the meaning of
section 2 (c) (ii) & (iii) of the Act. The programme may have
H
1052 SUPREME COURT REPORTS [2009] 11 S.C.R.

A any other faults or weaknesses but it certainly did not ~ ~

interfere with or obstruct the due course of the BMW trial.
The programme telecast by NDTV showed to the people
(the courts not excluded) that a conspiracy was afoot to
undermine the BMW trial. What was shown was proved
B to be substantially true and accurate. The programme
was thus clearly intended to prevent the attempt to
interfere with or obstruct the due course of the BMW trial.
[Para 178] [1173-G-H; 1174-A-G] ...
•
c angle10.2. Looking at the matter from a slightly different
one can ask the simple question, what would have
.
been in greater public interest; to allow the attempt to

-
suborn a witness, with the object to undermine a criminal
trial, lie quietly behind the veil of sacrecy or to bring out
the mischief in full public gaze? The answer is obvious.
D The sting telecast by NDTV was indeed in larger public
interest and it served an important public cause. [Para
179] [1174-H; 1175-A-B]

10.3. The omissions on the part of NDTV leave one
E with the feeling that it was not sharing all the facts within
its knowledge with the court. The disclosures before the
Court do not appear to be completely open, full and
frank. It would tell the court only so much as was
necessary to secure the conviction of the proceedees-
F wrong doers. There were some things that it would rather
hold back from the court. This Court would have
appreciated the TV channel to make a fuller disclosure
before the High Court of all the facts within its knowledge.
Despite all its faults the stings and the telecast of the
sting programme by NDTV rendered valuable service to
G
the important public cause to protect and salvage the
purity of the course of justice. This Court appreciates the
professional initiative and courage shown by the young
~ .,
reporter Poonam Agarwal and is impressed by the
H
R.K, ANAND v. REGISTRAR, DELHI HIGH COURT 1053

.__,, painstaking investigation undertaken by NDTV to A
uncover the Shimla connection between 'K' and 'RK'.
[Paras 193 and 194] [1181-A-D]

10.4. It is not the intention of this Court to lay down
any reformist agenda for the media. Any attempt to B
control and regulate the media from outside is likely to
cause more harm than good. The norms to regulate the

.. ,._
media and to raise its professional standards must come
from inside. [Para 198] [1182-D]

11.1. This Court expresses concern on the falling c
professional norms among the lawyers with considerable
pain because it strongly feels that unless the trend is
~
immediately arrested and reversed, it will have very
deleterious consequences for administration of justice in
the country. No judicial system in a democratic society D
can work satisfactorily unless it is supported by a bar that
enjoys the unqualified trust and confidence of the people,
that share the aspirations, hopes and the ideals of the
people and whose members are monetarily accessible
and affordable to the people. [Para 200] (1183-D-F] E
11.2. The Bar Council of India and the Bar Councils
of the different states cannot escape their responsibility
in this regard. Indeed the Bar council(s) have very
~-
positively taken up a number of important issues
F
concerning the administration of justice in the country.
It has consistently fought to safeguard the interests of
lawyers and it has done a lot of good work for their
welfare. But on the issue of maintaining high professional
standards and enforcing discipline among lawyers its
performance hardly matches its achievements in other G
areas. It has not shown much concern even to see that
.... lawyers should observe the statutory norms prescribed
by the Council itself. It is the hope and trust of the Court
that the Council will at least now sit up and pay proper
H
I

1054 SUPREl\'.E COURT REPORTS [2009] 11 S.C.R.

_.
A attention to the restoration of the high professional ~

standards among lawyers worthy of their position in the
judicial system and in the society. [Para 203] [1184-C-E]

Pritam Pal vs. High Court of Madhya Pradesh 1993
Supp (1) SCC 529 and In Re: Sanjeev Datta (1995) 3 SCC
B
619, affirmed.

Address of Shri M.C. Setalvad at the Diamond Jubilee

c
Celebrations of the Bangalore Bar Association, 1961,
referred to.
.
12.1. 'K's conduct in course of investigation and at
the commencement of the trial; the fight that broke out
-<{

-
in the court premises betwe~n some policemen and a
section of lawyers over his control and custody; the •
D manner in which 'H', a key prosecution witness turned
hostile in court; the curious way in which, another key
witness for the prosecution appeared before the court
and overriding the prosecution's protest, was allowed to
depose only to resile from his earlier statement, all this
and several other similar developments calculated to
E
derail the trial would not have escaped the notice of the
Chief Justice or the judges of the Court. But there is
nothing to show that the High Court, as an institution, as
a body took any step to thwart the nefarious activities
-~
aimed at undermining the trial and to ensure that it
F proceeded on the proper course. As a result, everyone
seemed to feel free to try to subvert the trial in any way
they pleased. [Para 204] [1184-H; 1185-A-C]

12.2. This indifferent and passive attitude is not
G confined to the BMW trial or to the Delhi High Court alone.
It is shared in greater or lesser degrees by many other
High Courts. Every trial that fails due to external
~ '
interference is a tragedy for the victim(s) of the crime.
More importantly, every frustrated trial defies and mocks
H the society based on the rule of law. Every subverted trial
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1055
.
,... ...... )(
leaves a scar on the criminal justice system. Repeated A
scars make the system unrecognisable and it then loses
the trust and confidence of the people. Every failed trial
is also, in a manner of speaking, a negative comment on
the State's High Court that is entrusted with the
responsibility of superintendence, supervision and B
control of the lower courts. It is, therefore, high time for
the High Courts to assume a more pro-active role in such
,... matters. A step in time by the High Court can save a
>- criminal case from going astray. An enquiry from the High
Court Registry to the concerned quarters would send the c
message that the High Court is watching; it means
business and it will not tolerate any nonsense. Even this
much would help a great deal in insulating a criminal case
from outside interferences. In very few cases where more
positive intervention is called for, if the matter is at the
D
~
stage of investigation the High Court may call for status
report and progress reports from police headquarter or
the concerned Superintendent of Police. That alone
would provide sufficient stimulation and pressure for a
fair investigation of the case. In rare cases if the High
Court is not satisfied by the status/progress reports it E
may even consider taking up the matter on the judicial
side. Once the case reaches the stage of trial the High
Court obviously has far wider powers. It can assign the
-.(
trial to some judicial officer who has made a reputation
for independence and integrity. It may fix the venue of the F
trial at a proper place where the scope for any external
interference may be eliminated or minimized. It can give
effective directions for protection of witnesses and
victims and their families. It can ensure a speedy
conclusion of the trial by directing the trial court to take G
up the matter on a day-to-day basis. The High Court has
" -1 got ample powers for all this both on the judicial and
administrative sides. Article 227 of the Constitution of
India that gives the High Court the authority of
H
1056 SUPREME COURT REPORTS [2009] 11 S.C.R.

A superintendence over the subordinate courts has great ". '

dynamism and now is the time to add to it another
dimension for monitoring and protection of criminal trials.
Similarly Article 235 of ~lle Constitution that vests the
High Court with. the powel' of control over sub-ordinate
B courts should also include a positive element. It should
not be confined only to posting, transfer and promotion
of the officers of the subordinate judiciary. The power of
control should also be exercised to protect them from _..
external interference that may sometime appear
•
c overpowering to them and to support them to discharge
their duties fearlessly. [Para 205) [1185-D-H; 1186-A-H;
1187-A]

Case Law Reference :

D (2001) 3 sec 739 referred to Para 66
(2001) 7 sec 530 referred to Para 66
(2002) 4 sec 21 referred to Para 67
(2003) 1 sec 644 referred to Para 67
E
(2001) s sec 735 referred to Para 67
(1976) 1 sec 975 referred to Para 67
(1993) 3 sec 151 referred to Para 71
F (1973) 1 sec 471 referred to Para 71
(1970) 2 sec 340 referred to Para 72
(1973) 1 sec 471 referred to Para 72
G (1982) 2 sec 258 referred to Para 72
(1985) Suppl sec 611 referred to Para 72
). ' '
1971 (1) All ER 678 referred to Para 72

H
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1057

,.__ '" A
92 N C App. 246 referred to Para 74

(1995) 2 sec 584 relied on Para 82

(2004) 5 sec 26 relied on Para 82

(1998) 4 sec 409 referred to Para 138
B
(2001) 8 sec 650 referred to Para 139

if- (2003) 2 sec 45 followed Para 141
,..
(2004) 6 sec 311 referred to Para 142
c
1961 3 SCR 460 referred to Para 169

(1969) 2 SCR 649 referred to Para 169

(1988) 4 sec 592 referred to Para 169

(2005) 2 sec 686 referred to Para 169 D
L

1993 Supp (1) sec 529 affirmed Para 201
(1995) 3 sec 619 affirmed Para 201

CRIMINAL APPELLATE JURISDICTION : Criminal Appeal E
No. 1393 of 2008.

From the Judgment & Order dated 21.08.2008 of the High
,,,. Court of Delhi at New Delhi in W.P. (Crl.) No. 796 of 2007.
WITH F
Crl. A. No. 1451 of 2008.

Gopal Subramaniam, ASG (A.C.), L. Nageswara Rao
(A.C.), Altaf Ahmad, P.P. Rao, S.K. Agarwal, Harish N. Salve,
Sanjay Jain, Balaji Subramanian, Anand Varma, Siddhartha G
Dave, Deeptakirti Verma, Uday Gupta, Dharmendra Kumar
,. 4 Sinha, D.S. Chadha, Huzefa Ahmedi, S.A. Hashmi, Vikas
Arora, Aman Khan, H.R. Khan Suhel, Arun K. Sinha, Rakesh
Singh, Sumit Sinha, Vijay K. Sondhi, Varun Pareek, Kapil
Arora, Wasin Beg, Subramonium Prasad for the Appearing H
1058 SUPREME COURT REPORTS [2009] 11 S.C.R.

YI ·<4
A Parties.

The Judgment of the Court was delivered by

AFTAB ALAM, J. 1. The present is a fall out from a
criminal trial arising from a hit and run accident on a cold winter
B morning in Delhi in which a car travelling at reckless speed
crashed through a police check post and crushed to death six
people, including three policemen. Facing the trial, as the main
accused, was a young person called Sanjeev Nanda coming
...
from a very wealthy business family. According to the
.
c prosecution, the accident was caused by Sanjeev Nanda who,
in an inebriated state, was driving a black BMW car at very high
speed. The trial, commonly called as the BMW case, was
meandering endlessly even after eight years of the accident and
in the year 2007, it was not proceeding very satisfactorily at all
D from the point of view of the prosecution. The status of the main
accused coupled with the flip flop of the prosecution witnesses ~

evoked considerable media attention and public interest. To the
people who watch TV and read newspapers it was yet another
case that was destined to end up in a fiasco. It was in this
E background that a well known English language news channel
called New Delhi Television (NDTV) telecast a programme on
May 30, 2007 in which one Sunil Kulkarni was shown meeting
with IU Khan, the Special Public Prosecutor and RK Anand, the
Senior Defence Counsel (and two others) and negotiating for ;.
F his sell out in favour of the defence for a very high price. Kulkarni
was at one time considered the most valuable witness for the
prosecution but afteiwards, at an early stage in the trial, he was
dropped by the prosecution as one of its witnesses. Nearly eight
years later, the trial court had summoned him to appear and
give his testimony as a court witness. The telecast came a few
G
weeks after the court order and even as his evidence in the trial
was going on. According to NDTV, the programme was based
on a clandestine operation carried out by means of a
)- "
concealed camera with Kulkarni acting as the mole. What
appeared in the telecast was outrageous and tended to confirm
H
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1059
[AFTAB ALAM, J.]

.,,_ "' the cynical but widely held belief that in this country the rich and A
the mighty enjoyed some kind of corrupt and extra-constitutional
immunity that put them beyond the reach of the criminal justice
system. Shocked by the programme the Delhi High Court suo
moto initiated a proceeding (Writ Petition (Criminal) No.796 of
2007). It called for from the news channel all the materials on B
which the telecast was based and after examining those
materials issued show q:iuse notices to RK Anand, IU Khan and
Bhagwan Sharma, an associate advocate with RK Anand why
, t they should not be convicted and punished for committing
criminal contempt of court as defined under section 2 (c) of the c
Contempt of Courts Act. (In the sting operations there was
another person called Lovely who was apparently sent to meet
Kulkarni as an emissary of RK Anand. But he died in a freak
accident even before the stage of issuance of notice in the
proceeding before the High Court). On considering their show
D
,._ cause and after hearing the parties the High Court expressed
its displeasure over the role of Bhagwan Sharma but acquitted
him of the charge of contempt of court. As regards RK Anand
and IU Khan, however, the High Court found and held that their
acts squarely fell within the definition of contempt under clauses
(ii) & (iii) of section 2(c) of the Contempt of Courts Act. It, E
accordingly, held them guilty of committing contempt of Court
vide judgment and order dated August 21, 2008 and in exercise
of power under Article 215 of the Constitution of India prohibited
them, by way of punishment, from appearing in the Delhi High
""' Court and the courts subordinate to it for a period of four months F
from the date of the judgment. It, however, left them free to carry
on their other professional work, e.g., 'consultations, advises,
conferences, opinion etc'. It also held that RK Anand and IU
Khan had forfeited their right to be designated as Senior
Advocates and recommended to the Full Court to divest them G
of the honour. In addition to this the High Court also sentenced
.... --f them to fine of rupees two thousand each.

2. These two appeals by RK Anand and IU Khan
respectively are filed under section 19 (1) of the Contempt of H
1060 SUPREME COURT REPORTS [2009) 11 S.C.R.

A Courts Act against the judgment and order passed by the Delhi "~
High Court.

THE CONTEXT:

3. Before proceeding to examine the different issues
B arising in the case it is necessary to first know the context in
which the whole sordid episode took place. It will be, therefore,
useful to put together the basic facts at'ld circumstances of the
case at one place. The occurance in which six people lost their ...
lives was reconstructed by the prosecution on the basis of ...
c police investigation as follows:
The crime 1 the Police investigation & ~roceedings before
the Trial court:

4. On January 10, 1999 at about half past four in the
D morning a speeding vehicle crashed through a police check-
..J
post on one of the Delhi roads and drove away leaving behind
six people dead or dying. As the speeding car hit the group of
persons standing on the road some were thrown away but two
or three persons landed on the car's bonnet and rolled down
E to the ground under it. The car, however, did not stop. It moved
on dragging along the persons who were caught in its
underside. It halted only after the driver lost control and going
down a distance of 200-300 feet hit the road divider. At this
point the occupants came down from the car to inspect the
F scene. They looked at the front and the rear of the car and would
not have failed to notice the persons caught under the car who
were still crying for help and who perhaps might have been
saved if they were taken out even at that stage. But the anxiety
of the car's occupants to leave the accident site without delay
G seemed to override all other considerations. They got back into
the car, reversed it and drove on. The car went on dragging
the unfortunate victims trapped under it to certain and ghastly ~
•
death and left behind at the accident site dismembered limbs
and dead bodies of men.
H
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1061
[AFTAB ALAM, J.]
,._~
5. The police investigation brought to light that the accident A
was caused by a black BMW car which was being driven by
Sanjeev Nanda. He was returning from a late night party, under
the influence of liquor, along with some friend(s).

6. Five days after the accident, on January 15, 1999 one B
Sunil Kulkarni contacted the Joint Commissioner of Police,
Delhi, and claimed to be an eye witness to the occurrence.

.;.\
.. According to his story, at the time of the accident he was
passing through the spot, on foot, on his way to the Nizamuddin
Railway Station for catching a train for Bhopal. He described
the accident in considerable detail and stated that at the sight
c
of so many people being mowed down by the car he got
completely unnerved. He proceeded for the railway station and
on reaching there tried to ring up the police or the emergency
number 100 but was unable to get through. He finally went to
Bhopal and on coming back to Delhi, being bitten by D
~
conscience, he contacted the police. What was of significance
in Kulkarni's statement is that the accident was caused by a
car and when it stopped after hitting the people a man alighted
from the driving seat and examined the front and rear of the
car. Then, another person got down from the passenger seat E
called the other, "Sanjeev", and urged that they should go. On
the same day his statement was recorded by the police under
section 161 of the Code of Criminal Procedure (CrPC). The
'of following day he was shown Nanda's BMW car at Lodhi Colony
Police Station and he identified it as the one that had caused F
the accident. On January 21, 1999 Kulkarni's statement was
recorded before a magistrate under section 164 of CrPC.
Before the magistrate, in regard to the accident, he
substantially reiterated the statement made before the police,
lacing it up with details about his stay in Delhi from January 7 G

~ . and his movements on the evening before the accident. In the
statement before the magistrate the manner of identification of
Sanjeev Nanda was also the same with the addition that after
the accident when the car moved again the person on the
driving seat was trying to look for the way by craning out his H
1062 SUPREME COURT REPORTS [2009] 11 S.C.R.

A head out of the broken glass window and thus he was able to ;j. _.

see him from a distance of no more than three and a half feet
when the car passed by his side. The police wanted to settle
the question of the driver's identification by having Kulkarni
identify Sanjeev Nanda in a test identification parade but
B Sanjeev Nanda refused to take part in any identification
parade. Then, on March 31, 1999 when Sanjeev Nanda was
produced in court Kulkarni also happened to be there. He
identified him to the investigating officer as the driver of the car
causing accident.
...
....
c 7. Kulkami's arrival on the scene as an eye witness of the
tragic accident got wide publicity and he was generally
acclaimed as a champion of the public cause. He must have
appeared to the police too as godsend but soon there were
reasons for the police to look at him completely differently. He
D had given as his address a place in Mumbai. A summons
issued by the trial court on the Mumbai address given by him
returned unserved. The report dated August 30, 1999 on the
summons disclosed that he had given a wrong address and
his actual address was not known to anyone. It also stated that
E he was a petty fraudster who had defrauded several people in
different ways. The report concluded by saying that he seemed
to be a person of shady character.

8. At the same time Kulkarni also turned around. On August
F 31, 1999 a Habeas Corpus petition (Writ Petition (Crl) No.846/
99) was filed in the Delhi High Court making the allegation that
he was being held by the Delhi Police in wrongful confinement.
On the following day (September 1, 1999) when the writ petition
was taken up the allegations were denied on behalf of the
police. Moreover, Kulkarni was personally present in Court. The
G
Court, therefore, dismissed the writ petition without any
directions. Next, Kulkarni filed a petition (through a lawyer)
~,.,.,
before the trial court on September 13, 1999. In this petition,
he stated that on the date of occurrence, that is, January 10,
1999 itself he had told the police that the accident was caused
H
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1063
[AFTAB ALAM, J.]
~>
by a truck. But the police was adamant not to change the A

- version of the FIR that was already registered and on the basis
of which five persons were arrested. The police forced him to
support its story, and his earlier statements were made under
police coercion.
B
9. On September 23, 1999 a clash took place between
some policemen and some members of the bar in the Patiala
House court premises for the 'custody' of Kulkarni. A complaint
... about the alleged high handed actions of the police was
__.
formally lodged before the court and a notice was issued to the
Jt. Commissioner. In response to the notice the Jt.. c
Commissioner submitted a long and detailed report to the court
on September 27, 1999. In the report, apart from defending the
)._ action of the policemen the Jt. Commissioner had a lot of things
to say about Kulkarni's conduct since he became a witness for
the prosecution in the BMW case. He noted that he woµld never D
~ give his address or any contact number to any police official.
His life style had completely changed. He lived in expensive
hotels and moved around in big cars. The Jt. Commissioner
enclosed with his report a copy of the print-out of the cell phone
of Kulkarni (the number of which he had given to one of the E
police officers) that showed that as early as on July 17, 1999
he was in touch with the counsel for the defence RK Anand (one
of the appellants) and his junior Mr. Jai Bhagwan, Advocate and
.... even with Suresh Nanda, father of Sanjeev Nanda. He cited
several other instances to show Kulkarni's duplicity. The long F
and short of the report was that Kulkarni was bought off by the
defence. He was in collusion with the defence and was receiving
fat sums of money from the family of the accused. He was trying
to play the two ends against the middle and he was completely
unreliable. G
10. On September 30, the date fixed for his examination,
.,. ~ Kulkarni was duly present in court. He was, however,
represented by his own lawyer and not by the_ prosecuting
counsel. He was quite eager to depose. But the prosecution
H
1064 SUPREME COURT REPORTS [2009] 11 S.C.R.

• --<
A no longer wanted to examine him. IU Khan, the Special

-
Prosecutor filed a petition stating that on the instructions of the
State he gave up Kulkarni as one of the prosecution witness
on the ground that he was won over by the accused. He also
submitted before the court the report of the Joint Commissioner
B dated September 27. The allegation that he was won over was
of course, denied both by Kulkarni and the accused. The court,
however, discharged him leaving the question open as to what
inference would it draw as a result of his non-examination by ...
the prosecution. ...
c 11. Earlier to Kulkarni's exit from the case, the prosecution
had lost two other key witnesses. To begin with there were three
crucial witnesses for the prosecution. One was Hari Shankar
Yadav, an attendant on a petrol pump near the site of the
tragedy; the other was one Manoj Malik who was the lone
D survivor among the victims of the accident and the third of
course was Kulkarni. Hari Shankar Yadav was examined before
the court on August 18, 1999 and he resiled from his earlier
statement made before the police. Manoj Malik was scheduled
to be examined on August 30, 1999 but he seemed to have
E disap'peared and the police was unable to trace him out either
in Delhi or at his home address in Orissa. On the date fixed in
the case, however, he appeared in court, not with the
prosecution team but with two other lawyers. He was examined
as a witness notwithstanding the strong protest by the ...
F prosecution who asked for an adjournment. Not surprisingly, he
too turned hostile. Lastly, Kulkarni too had to be dropped as
one of the prosecution witness in the circumstances as noted
above.

12. The trial proceeded in this manner and over a period
G
of the next four years the prosecution examined around sixty
witnesses on the forensic and other circumstantial aspects of
the case. The prosecution finally closed its evidence on August io- ~

22, 2003. Thereafter, the accused were examined under section
313 of CrPC and a list of defence witnesses was furnished on
H
'
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1065
[AFTAB ALAM, J.]
.... >. their behalf. While the case was fixed for defence evidence two. A
applications came to be filed before the trial court, one was at
the instance of the prosecution seeking a direction to the
accused Sanjeev Nanda to give his blood sample for analysis
and comparison with the blood stains found in the car and on
his clothes, and the other by the defence under section 311 of B
CrPC for recalling nine prosecution witnesses for their further
cross-examination. By order dated March 19, 2007 the trial
.. court rejected both the applications. It severely criticised the
police for trying to seek its direction for something for which
the law gave it ample power and authority. It also rejected the c
petition by the defence for recall of witnesses observing that
the power under section 311 of CrPC was available to the court
and not to the accused. At the end of the order the court
observed that the only witness in the case whose statement was
recorded under section 164 of CrPC was Kulkarni and even D
though he was given up by the prosecution, the court felt his
examination essential for the case. It, accordingly, summoned
Kulkarni to appear before the court on May 14, 2007. Kulkarni
thus bounced back on the stage with greater vigour than before.

MEDIA INTERVENTION: E

13. In the trial court the matter was in this state when
another chapter was opened up by a TV channel with which we
are primarily concerned in this case. On April 19, 2007 one
Vikas Arora, Advocate, an assistant of IU Khan sent a F
complaint in writing to the Chief Editor, NDTV with copies to
the Commissioner of Police and some other authorities. In the
complaint it was alleged that one Ms Poonam Agarwal, a
reporter of the TV Channel was demanding copies of
statements of witnesses and the Police Case-diary of the BMW G
case and was also seeking an interview with IU Khan or the
complainant, his junior. On their refusal to meet the demands
,tit she had threatened to expose them through some unknown
person and to let the people know that the police and the public
prosecutor had been influenced and bribed by the accused
H
1066 SUPREME COURT REPORTS [2009] 11 S.C.R.

A party. He requested the authorities to take appropriate action ....
against Poonam Agarwal.

14. On April 20, 2007 NDTV telecast a half hour special
programme on how the BMW case was floundering endlessly
even after more than seven years of the occurrence. Apparently,
B
the telecast on April 20, 2007 brought Poonam Agarwal and
Kulkarni together. According to Poonam Agarwal, on April 22,
2007 she received a phone call from Kulkarni who said that he
was deeply impressed by the programme telecast by her ~

c channel and requested for a meeting with her. (The version of
Kulkarni is of course quite different). S,he met him on April 22
and 23. He told her that in the BMW case the prosecution was
hand in glove with the defence; he wanted to expose the nexus
between the prosecution and the defence and needed her help
in that regard. Poonam Agarwal obtained the approval of her
D superiors and the idea to carry out the sting operation using
Kulkarni as the decoy was thus conceived.

15. Even while the planning for the sting operation was
going on, NDTV on April 26·gave reply to the notice by Vikas
E Arora. In their reply it was admitted that Poonam Agarwal had
sought an interview with Arora's senior which was denied for
reasons best known to him. All other allegations in Arora's
notice were totally denied and it was loftily added that the
people at NDTV were conscious of their responsibilities and
F obligations and would make continuous efforts to unravel the
truth as a responsible news channel.

16. On April 28, 2007 Kulkarni along with one Deepak
Verma of NDTV went to meet IU Khan in the Patiala House
court premises. For the mission Poonam Agarwal 'wired'

...
G Kulkarni, that is to say, she equipped him with a concealed
camera and a small electronic device that comprised of a tiny
black button-shaped lens attached to his shirt front connected
through a wire to a small recorder with a microchip hidden at
his backside. Before sending off Kulkarni she switched on the
H camera and waited outside the court premises in a vehicle.
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1067
[AFTAB ALAM, J.]
~ -1'
Deepak Verma from the TV channel was sent along to ensure A
that everything went according to plan. He was carrying another
• concealed camera and the recording device in his nandbag .
Kulkarni and Deepak Verma were able to meet IU Khanwhile
he was sitting in the chamber of another lawyer. Kulkarni
entered into a conversation with IU Khan inside the crowded B
chamber (the details of the conversation we will examine later
on at its proper place in the judgment). The conversation
~ between the two that took place inside the chamber was
,,,; recorded on the microchips of both the devices, one worn by
Kulkarni and the other carried by Deepak Verma in his bag. c
After a while, on Kulkarni's request, both IU Khan and Kulkarni
came out of the chamber and some conversation between the
two took place outside the chamber. The recording on the
microchip of Kulkarni's camera was copied onto magnetic
tapes and from there to compact discs (CDs). The microchip
D
in Kulkarni's camera used on April 28, 2007 was later
reformatted for other uses. Thus, admittedly that part of the
conversation between Kulkarni and IU Khan that took place on
April 28, 2007 outside the chamber is available only on CD and
the microchip on which the original recording was made is no
E
longer available. The second operation was carried out on May
6, 2007 when Kulkarni met RK Anand i11 the VIP lounge at the
domestic terminal of IGI Airport. The recording of the meeting
was made on the microchip of the concealed camera carried
" by Kulkarni.
F
17. On May 8, 2007 the third sting operation was carried
out when Kulkarni got into the back seat of RK Anand's car that
was standing outside the Delhi High Court premises. RK Anand
was sitting on the back seat of the car from before. The
recording shows Kulkarni· and RK Anand in conversation as G
they travelled together in the car from Delhi High Court to South

<"' Extension.

18. In the evening of the same day the fourth and final sting
operation was carried out in South Extension Part II market
H
1068 SUPREME COURT REPORTS [2009] 11 S.C.R.

A where Kulkarni met one Bhagwan Sharma, Advocate and "'- .,(
another person called Lovely. Bhagwan Sharma is one of the
juniors working with RK Anand and Lovely appears to be his
•
handyman who was sent to negotiate with Kulkarni on behalf
of RK Anand.
B
19. According to Poonam Agarwal, in all these operation
she was only at a little distance from the scene and was
keeping Kulkarni, as far as possible, within her sight.
....
20. According to NDTV, in all these operations a total of ....
c five microchips were used. Four out of those five chips are
available with them in completely untouched and unaltered
condition. One microchip that was used in the camera of
Kulkarni on April 28, 2007, as noted above, was reformatted
after its contents were transferred onto a CD.
D
21. On May 13, 2007 NDTV recorded an interview by
Kulkarni in its studio in which Kulkarni is shown saying that after
watching the NDTV programme (on the BMW case) he got in
touch with the people from the channel and told them that the
prosecution and the defence in the case were in league and
E
he knew how witnesses in the case were bought over by the
accused and their lawyers. He also told NDTV that he could
expose them through a sting operation. He further said that he
carried out the sting operation with the help of NDTV. He first
met IU Khan who referred him to RK Anand. He then met some
F people sent by RK Anand, including someone whose name
was 'Lovely or something like that'. As to his objective he said
quite righteously that he did the sting operation 'in the interest
of the judiciary'. In answer to one of the questions by the
interviewer he replied rather grandly that he would ask the court
G to provide him security by the NSG and he would try to go and
depose as soon as security was provided to him. In the second
part of the interview ·the interviewer asked him about the
accident and in that regard he said briefly and in substance
"- -
what he had earlier stated before the police and the magistrate.
H
I
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1069
[AFTAB ALAM, J.]
~.),
Back to the Court: A

... 22. It is noted above that by order dated March ~ 9, 2007
the trial court had summoned Kulkarni to appear before it as a
court witness on May 14, 2007. The defence took the matter
to the Delhi High Court (in Crl. M. C. No.1035/2007 with Crl. B
M. 3562/2007) assailing the trial court order rejecting their
prayer to recall some prosecution witnesses for further cross-
examination and suo moto summoning Kulkarni under section
~
311 of CrPC, to be examined as a court witness. The matter
;..J
was heard in the High Court on several dates. In the meanwhile
Kulkarni was to appear before the trial court on May 14, 2007. ·
c
Hence, the High Court gave interim directions allowing Kulkarni
to be examined by the court but not to put him to any cross-
+ examinations till the disposal of the petition being argued
before it. The petition was finally disposed of by a detailed
order dated May 29, 2007. The High Court set aside the trial D
I-· court order rejecting the defence petition for recall of certain
prosecution witnesses and asked the trial court to reconsider
. the matter. It also held that the trial court's criticism of the police
was unwarranted and accordingly, expunged those passages
from its order. However, insofar as summoning of Kulkarni was E
concerned the High Court held that there was no infirmity in the
trial court order and left it undisturbed.

.. 23. On May 14, 2007 Kulkarni appeared before the trial
court but on that date, despite much persuasion, the court was F
not able to get any statement from him. From the beginning he
asked for an adjournment on the plea that he was not well. In
the end the court adjourned the proceedings to May 17 with the
·direction to provide him police protection. On May 17, the
examination of Kulkarni commenced and he described the G
accident more or less in the same way as in his statements
before the police and the magistrate.' He said that the accident
....,,,. ~
was caused by a black car (and not by a truck) but added that
the car was coming from his front and its light was so strong
that he could not see much. He said about his identification of
H
1070 SUPREME COURT REPORTS [2009] 11 S.C.R.

A the car at the Lodhi Colony police station. But on the question ~"'
of identification of the driver there was a significant shift from
his earlier statements. He told the court that what he had heard ..
was one of the occupants urging the other to go calling him
"Sanch or Sanz". He had also heard another name 'Sidh' being
8 mentioned among the car's occupants. In reply to the court's
question he said that in his statement before the magistrate
under section 164 of CrPC he had stated the name 'Sanjeev',
and not the nick names that he actually heard, under pressure .
from some police officials. He said that he was also put under ....
c pressure not to take the name of Sidharth Gupta and some
police official told him that he was not in the car at the time of
the accident. He said that apart from the name that he heard
being uttered by the occupant(s) of the car and the number of
persons he saw getting down from the car the rest of his .. ~

statement under section 164 was correct. He said that actually
D
three, and not two, persons had got down from the car. The
court then asked him to identify the persons who came out of
the offending car. Kulkarni identified Sanjeev Nanda who was
present in court. He further said that the third occupant of the
car was a hefty boy whom he did not see in the court. At this
E point IU Khan explained that he might be referring to Sidharth
Gupta who was discharged by the order of the High Court.
Kulkarni added that he was unable to identify the second
occupant of the car and went on to declare, even without being
asked, he could not say who came out of the driver's side. He
F was shown Manik Kapoor, another accused in the case, as one
the occupants of the car but he said that after lapse of nine years
he was not in a position to identify him.

24. On May 29 Kulkarni was cross examined on behalf of
G the Prosecution by IU Khan. The prosecutor confronted him with
his earlier statements recorded under sections 161 and 164
of CrPC and he took it as opportunity to move more and more
away from the prosecution case. He admitted that Sanjeev
~
.... II

Nanda was one of the occupants of the car but positively denied
H that he came out from the driving seat of the offending car. He .
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1071
[AFTAB ALAM, J.]

elaborated that the one to come out from the driving seat of A
the car was a fat, hefty boy who was not present on that date.
(It does not take much imagination to see that he was trying to
put Sidharth Gupta on the driving seat of the car who had been
discharged from the case by the order of the Delhi High Court
and was thus in no imminent danger from his deposition!). He B
denied that he disowned or changed some portions from his
earlier statements under the influence of the accused persons.

-
On May 29 Kulkarni's cross-examination by IU Khan was
' incomplete and it was deferred to May 31. But before that
NOTV telecast the sting programme that badly jolted not only c
everyone connected with the BMW trial but the judicial system
as well.

rHE TELECAST:

25. Based on the sting operations NDTV telecast a D
\.- programme called India 60 Minutes (BMW Special) Qn May 30,
2007 at 8.00 p.m. It was followed at 9.00 pm, normally reserved
for news, as 'BMW Special'. From a purely journalistic point of
view it was a brilliant programme designed to have the greatest
impact on the viewers. The programmes commenced with the E
anchors (Ms. Sonia Singh in the first and Ms. Barkha Dutt in
the second telecast) making some crisp and hard hitting
introductory remarks on the way the BMW case was
-1 proceeding which, according to the two anchors, was typical
of the country's legal system. The introductory remarks were F
followed by some clips from the sting recordings and comments
by the anchors, interspersed with comments on what was
shown in the programme by a host of well known legal experts.

26. It is highly significant for our purpose that both the
telecasts also showed live interviews with RK Anand. G
~ According to the channel's reporter, who was posted at RK
Anand's residence with a mobile unit, he initially declined to
come on the camera or to make any comments on the
programme saying that he would speak only the following day
in the court at the hearing of the case. According to the reporter, H
1072 SUPREME COURT REPORTS [2009] 11 S.C.R.

i- ..
A in course of the telecast Sanjeev Nanda also arrived at the
residence of RK Anand and joined him in his office. He too
refused to make any comments on the on-going telecast. But
later on RK Anand came twice on the TV and spoke with the
two anchors giving his comments on what was being shown in
B the telecasts. We shall presently examine whether the
programmes aired to the viewers were truly and faithfully based
on the sting operations or whether in the process of editing for

c
preparing the programmes any slant was given, prejudicial to
the two appellants. This is of course subject to the premise that
the Court has no reason to suspect the original materials on
~

...
which the programme was based and it is fully satisfied in
regard to the integrity and authenticity of the recordings made
in the sting operations. That is to say, the recordings of the sting
operations were true and pure and those were not fake,
fabricated, doctored or morphed.
D
-1
27. In regard to the telecast it needs to be noted that though
the sting operations were complete on May 8, 2007 and all the
materials on which the telecast would be based were available
with the TV channel, the programme came on air much later
E on May 30. The reason for withholding the telecast was touched
upon by the anchors who said in their introductory remarks that
after the sting operations were complete and just before his
testimony began in court Kulkarni withdrew his consent for
telecasting the programmes. Nevertheless, after taking legal
F opinion on the matter NDTV was going ahead with the airing
"
of programme in larger public interest. Towards the end of the
nine o'clock programme the anchor had a live discussion with
Poonam Agarwal in which she elaborated upon the reason for
withholding the telecast for about three weeks. Concerning
G Kulkarni, Poonam Agarwal said that he was the main person
behind the stings and the sting operation was planned at his
initiative. He had approached her and said to her that he ~

wished to bring out into the open the nexus between the
prosecution and the defence in the BMW case. He had also
H said to her that in connection with the case he was under
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1073
[AFTAB ALAM, J.]

·~ .~ tremendous pressure from both sides. But after the stings were A
complete he changed his stand and would not agree to the
telecast of the programme based on the stings. In the discussion
between the anchor and Poonam Agarwal it also came to light
that initially NDTV had seen Kulkarni as one of the victims of
the system but later on he appeared in highly dubious light. The B
anchor said that they had no means to know if he had received
any money from any side. Poonam Agarwal who had the
j..
occasion to closely see him in course of the sting operations
,>
gave instances to say that he appeared to her duplicitous, shifty
and completely unreliable. c
28. NDTV took the interview of RK Anand even as the first
telecasts were on and thus what he had to say on what was
being shown on the TV was fully integrated in the eight o'clock
and nine o'clock programmes on May 30. IU Khan was
interviewed on the following morning when a reporter from the D
TV channel met him at his residence with a mobile transmission
unit. The interview was live telecast from around eight to twenty
three past eight on the morning of May 31. But that was the only
time his interview was telecast in full. In the programmes telecast
later on, one or two sentences from his interview were used by E
the anchor to make her comments.

29. In his interview IU Khan basically maintained that from
the clandestine recording of his conversation with Kulkarni,
pieces, were used out of context and selectively for making the F
programme and what he spoke to Kulkarni was deliberately
misinterpreted to derive completely wrong inferences. He
further ma;ntained that in his meeting with Kulkarni he had said
nothing wrong much less anything to interfere with the court's
proceeding in the pending BMW case. G
Impact of the telecast:
' 30. On the same day IU Khan withdrew from the BMW
case as Special Public Prosecutor. Before his withdrawal,
however, he produced before the trial court a letter that finds H
1074 SUPREME COURT REPORTS [2009] 11 S.C.R.

A mention in the trial court order passed on that date, written in -l " ·
the hand of Kulkarni stating that he collected the summons
issued to him by the court from SHO, Lodhi Colony Police
Station on the advice of IU Khan.

31. The trial court viewed the telecast by NDTV very
B
seriously and issued notice to its Managing Director directing
to produce 'the entire unedited original record of the sting
operation as well as the names of the employees/reporters of
NDTV who were part of the said sting operation' by the following ..
day.
..
c
32. The further cross-examination of Kulkarni was deferred
to another date on the request of the counsel replacing IU Khan
as Special Public Prosecutor.

D 33. On June 1, 2007, RK Anand had a legal notice sent
to NDTV, its Chairman, Directors and a host of other staff
asking them to stop any further telecasts of their BMW
programme and to tender an unconditional apology to him
failing which he would take legal action against them inter alia
for damages amounting to rupees fifty crores. NDTV gave its
E
reply to the legal notice on July 20, 2007. No further action was
taken by RK Anand in pursuance of the notice.

HIGH COURT TAKES NOTICE:

F 34. On the same day (May 31, 2007) a Bench of the Delhi
High Court presided over by the Chief Justice took cognisance
of the programme telecast by NDTV the previous evening and
felt compelled to examine all the facts. The Court, accordingly,
directed the Registrar General 'to collect all materials that may
G be available in respect of the telecast including copies of CDs/
Video and transcript and submit the same for consideration
within 10 days'. The court further directed NDTV 'to preserve
the original material including the CDsNideo pertaining to the
aforesaid sting operation.'
H 35. In response to the notice issued by the trial court, NDTV
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1075
[AFTAB ALAM, J.]

produced before it on June 1, 2007 two microchips and a A
recorder with the third chip inside it. The chips were said to
contain the original recordings. In addition to the chips and the
recorder NDTV also produced 5 CDs that were copies of the
original, unedited recordings on the three chips. It was brought
to the notice of the trial court that the High Court had also B
issued notice to NDTV in the same matter. The trial court,
accordingly, stopped its inquiry and returned everything back
~ to NDTV for production before the High Court.
~
36. On June 2, 2007, Ms. Poonam Agarwal of NDTV
submitted before the High Court six CDs; one of the CDs c
(marked '1') was stated to be edited and the remaining five
(marked '2'-'6') unedited. In a written statement given on the
same day she declared that NDTV News Channel did not
have any other material in connection with the sting operation.
She also stated that in accordance with the direction of the D
t
Court, NDTV was preserving the original CDs/ Videos relating
to the sting operation. On June 6, 2007, Poonam Agarwal
submitted true transcripts of the CDs duly signed by her on
each page. She also gave a written statement on that date
stating that the CDs submitted by her earlier were duplicated E
from a tape-recording prepared from four spy camera chips
which were recorded on different occasions. (As we shall see
later on, the total number of microchips used in all the four stings
~ was actually five and not four). She also gave the undertaking,
on behalf of NDTV that those original chips would be duly F
preserved.

37. On June 11 (during summer vacation) the Court
recorded the statement of the counsel appearing for NDTV that
its order dated May 31 had been fully complied with. On July 9
after hearing counsel for NDTV and on going through the earlier G

~.
orders passed in the matter the Court felt the need for a further
affidavit regarding the telecast based on the sting operation.
It, accordingly, directed NDTV to file an affidavit 'concerning the
sting operation from the stage it was conceived and the
H
1076 SUPREME COURT REPORTS [2009] 11 S.C.R.

A attendant circumstances, details of the recording done, i.e., the
time and place etc. and other relevant circumstances'. In
compliance with the Court's direction, Poonam Agarwal filed
an affidavit on July 23, 2C07.

Poonam Agarwal's Affidavit:
B
38. In her affidavit Poonam Agarwal stated that she was
a reporter working with NDTV. She had joined the TV channel
~
two years ago. She stated that NDTV was covering the BMW
~-
trial and had telecast a special programme on the case on April
c 20, 2007. Two days later Kulkarni contacted her on telephone
and requested for a meeting saying that he had something
important to tell her about the case. She met him on April 22
and 23. In the second meeting he was accompanied by his
wife. He told her that there was a strong nexus between the
D prosecution and the defence in that case and that he had
suffered a lot due to his involvement in the case. He was
determined to expose the nexus. He said that he needed the
help of NDTV to do a sting operation in order to bring out the
complicity between the prosecution and the defence into open.
E She discussed the plan mooted by Kulkarni with her superiors
in the organisation and got their permission to carry out the
sting operation. In this regard she stated in the affidavit that the
people at NDTV were greatly concerned over the manner in
which a number of trials had ended up in acquittal on account
of witnesses turning hostile, especially in cases in which "
F
accused were influential people. NDTV, as a news channel,
was trying to uncover the causes behind this malaise and it was
in this spirit that the channel decided to help Kulkarni. She duly
told Kulkarni that NDTV was willing to help him in doing the sting
operation. Kulkarni informed her that he was going to meet IU
G Khan in his chamber to seek his direction in connection with
the court summons issued to him and that would be good a
opportunity for doing the sting. Accordingly, she along with one
Deepak Verma (a camera person from the TV channel) met
Kulkarni outside the Patiala House court premises. She fitted
H
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1077
[AFTAB ALAM, J.]
,. )< Kulkarni with a button camera and a recording device·and also A
gave her a cell phone to communicate with'her in any
emergency. Then Kulkarni and Deepak Verma went to meet
IU Khan. Deepak Verma carried another concealed camera
and a recording device i_n his bag. Deepak Verma was sent
along with Kulkarni to ensure that he did not in any manner B
tamper with the hidden camera. Before sending them off she
switched on Kulkarni's camera. After meeting with IU Khan both
came back and she then switched off Kulkarni's camera. She
~
stated in the affidavit that after copying its contents onto a
>
compact disc the microchip used in Kulkarni's camera was c
formatted for other projects but the microchip in the camera in
Deepak Verma's bag was available undisturbed. Kulkarni next
calleCl to tell her that he was meeting RK Anand at the IGI Airport
(Domestic Terminal) and suggested to do a sting there. She,
accordingly, took her to the airport on May 6, 2007. There she D
fitted him with the hidden camera and the recording device,
t switched the camera on and send him off to meet RK Anand.
She herself waited for him in her car. After meeting with RK
Anand, Kulkarni came out of the airport building and contacted
her on the cell phone to find out where her car was parked. He
E
then came back to the car. She switched off the camera and
brought her back to her office. Kulkarni again contacted her to
say that he was meeting RK Anand on May 8. This time she
met him near the Delhi High Court and in her vehicle equipped
,,, him with the hidden camera and switched it on. She waited in
her vehicle while Kulkarni got into the back seat of a black car F
outside the Delhi High Court in which RK Anand was sitting
from before. The car with Kulkarni and RK Anand drove off and
she followed them in her vehicle. They went to South Extension,
New Delhi where Kulkarni was dropped. He came back to her
vehicle and joined her. She then switched off the camera. She G
stated in the affidavit that all along the way from outside the Delhi
-" High Court to South Extension the car in which Kulkarni and
,. RK Anand were travelling did not stop anywhere except at the
red lights on the crossings. She also averred that all along the
way she followed the car in her own vehicle and it always H
1078 SUPREME COURT REPORTS [2009] 11 S.C.R.

A remained in her sight. On the same day Kulkarni told her that
he was scheduled to meet RK Anand in his office at South
Extension Part II. They together went to South Extension and
from there Kulkarni telephoned RK Anand. He told her that he
was asked to wait there at a particular spot where someone
B would come to meet him. After a short while Bhagwan Sharma
arrived there whom she knew from before as an advocate
associated with RK Anand. At that time they were in her vehicle.
She 'wired' Kulkarni, like the earlier occasions, and he went to
meet Bhagwan Sharma at the fixed spot. For a little while she
c lost them from her sight. She then contacted Kulkarni on his cell
phone and he, feigning to be talking to his wife, indicated to
her the exact spot where he was at that moment. She
approached that spot and found that Bhagwan Sharma had
gone away and Kulkarni was talking with a Sikh person whom
he later identified as 'Lovely'. They moved around and talked
0
for a pretty long time. In the end Lovely got into his car and drove
away. Kulkarni then called her on the cell phone to find out
where her vehicle was pa:-ked. He came back to her. She
switched off the camera. He narrated to her what transpired in
the meetings with Bhagwan Sharma and Lovely. She stated in
E the affidavit that the entire episode lasted for over an hour and
a half. All through she had Kulkarni in her sight except for the
short period as indicated above. She also stated that as the
episode went on for a long time the batteries of the hidden
camera got exhausted and, therefore, the recording of the
F meeting ended abruptly. Once all the material collected in
course of the sting operations came in possession of NDTY it
was carefully examined and evaluated and the editorial team
at NDTY came to the view that in the larger public interest it
was their duty to put the whole matter in the public domain. The
G decision was thus taken to telecast a special programme under
the caption 'BMW expose'. The recordings made in the sting
operations were then very carefully edited for making a
programme that could be telecast. The process of editing took
three days. The chips were copied onto CDs in her presence
H and under her supervision. She, at all time, retained the custody
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1079
[AFTAB ALAM, J,]
of the original chips. At §ii $UC<;:essive stages she was A
personally present to ensure the factual accuracy of the edited
version incorporated in the programme. But once the
programme was made Kulkarni complet.-oly chanQed his
position and strongly opposed the telecast of the programme.
He asked her not to telecast the programme saying thcit he and B
his wife were facing threat to their lives. He would not clearly
spell out the nature of the threat or its source but simply oppose
the telecast. In view of his plea that he and his wife faced threat
to their lives it was decided to defer the telecast till his
examination-in-chief in the court was over. She then stated about c
Kulkarni's interview (without stating the dat13 on which it was
recorded) on camera in the NDTV studio i~ which he spoke
about why and how he carried out the stings. Coming back to
the telecast she said that she met Kulkarni on the dates of his
appearance in the trial court on May 14, 17 and 29 but was D
not able to persuade him to agree to the telecast. He was not
willing to give his consent evan on May 29 but then the people
at NDTV felt that his stand was quite contradictory to the
objective avowed by him for carrying out the stings with the help
of NDTV; by that date his examination-in-chief was over and
he was also provided with police protection. Taking all those E
facts and circumstances into account it was decided to go
ahead with the telecast regardless of Kulkarni's objections. The
programme was, accordingly, telecast on May 30, 2007. In
course of the telecast the anchor of the show engaged with RK
Anand and presented his version too before the viewers. IU F
Khan was similarly tried to be contacted but he was indisposed.
In the end the affidavit gave a list of all the materials submitted
in the court along with it.

39. In Poonam Agarwal's affidavit NDTV took the stand G
that the stings were conceived and executed by Kulkarni. Its own
role was only that of the facilitator. Kulkarni would choose the
date and time and venue of the meetings where he would like
to do the sting. He would fix up the meetings not in consultation
with Poonam Agarwal but on his own. He would simply tell her H.
1080 SUPREME COURT REPORTS [2009] 11 S.C.R.
•
A about the meetings and she would provide him with the -I •

wherewithal to do the sting. She would not ask him when and
how and for what purpose the meeting was fixed even though ..
it may take place at such strange places as the VIP lounge of
the airport or a car travelling from outside the Delhi High Court
B to South Extension. She would not ask him even about any
future meetings or his further plans.

Proceeding resumes:

40. On July 25, 2007 when the matter next came up before
c the Court the affidavit of Poonam Agarwal was already
submitted before it. On that date the counsel for NDlV took the
-
Court through the transcripts of the sting recordings and
submitted that the three advocates and the other person Lovely,
the subjects of the sting, had prima facie interfered with the due
D administration of criminal justice. The Court, however, deferred
any further action in the matter till it viewed for itself the original {
sting recordings. On that date 1t appointed Mr. Arvind K. Nigam,
Advocate as amicus curiae to assist the court in the matter.

41. On July 31, 2007, one Mr. Vinay Shasin, Senior
E
Advocate, tried to intervene stating that the action of NDTV in
telecasting a programme based on sting operations in
connection with a pending criminal trial itself amounted to
interference with the administration of criminal justice. On the
same day both RK Anand and IU Khan also tried to intervene ,.
F in the Court proceedings and sought to put fol"'.vard their point
of view. The Court, however, declined to hear them, pointing
out that there was no occasion for it at that stage since no notice
was issued to them.

G 42. On August 7, 2007, the Court on a co11sideration of all
the materials coming before it came to the view that prima facie
the actions of RK Anand, IU Khan, Bhagwan Sharma and
Lovely (who was dead by then) were aimed at influencing the
testimony of a witness in a manner so as to interfere with the
H due legal process. Their actions thus clearly amounted to
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1081
[AFTAB ALAM, J.]

" criminal contempt of court as defined under clause (ii) & (iii) of A
section 2(c} of the Contempt of Courts Act. The Court
• accordingly passed the following order:

"From your aforesaid acts and conduct as discerned from
the CDs and their transcripts, the affidavit 23rd July, 2007
B
of Ms. Poonam Agarwal along with its annexures, we are,
prima facie, satisfied that you Mr. R.K. Anand, Senior
.i.
Advocate, Mr. I. U. Khan, Senior Advocate, Mr. Sri
Bhagwan, Advocate and Mr. Lovely have wilfully and
deliberately tried to interfere with the due course of judicial
proceedings and administration of justice by the courts.
c
Prima facie your acts and conduct JlS aforesaid was
intended to subvert the administration of justice in th@
-- pending trial and in particular influence the outcome of the
pending judicial proceedings.
D
"Accordingly, in exercise of the powers under Article
215 of the Constitution of India, we do hereby direct
initiation of proceedings for contempt and issuance of
notice to you, Mr. RK Anand, Senior Advocate, Mr. IU
Khan, Senior Advocate, Mr. Shri Bhagwan, Advocate and E
~·
Mr. Lovely to show cause as to why you should not be
proceeded and punished for contempt of court as defined
under Section 2(c) of the Contempt of Courts Act and
-I under Article 215 of the Constitution of India.
F
"You are, therefore, required to file your reply
showing cause, if any, against the action as proposed
within four weeks.

"Noticees and contemnors shall be present in Court
on the next date of hearing i.e. 24th September, 2007. G

... "Registry is directed to supply under mentioned
material to the noticees:,

"(i) Copy of the order dated 7th August, 2007;
H
A
1082 SUPREME COURT REPORTS [2009] 11 S.C.R.

"(ii) Affidavit of Ms. Poonam Agarwal dated 23rd July, 2007
~
-
together with annexures including the four copies of CDs
filed along with the affidavit;

"(iii) Copies of the corrected transcripts filed on 6th August,
2007 in terms of the order dated 31st July, 2007;
13
"(iv) Copies of 6 CDs, including one edited and five
unedited containing the original footage which were "-\
produced on 6th June, 2007.
...
c "NDTV shall make available to the Registry sufficient
number of copies of the CDs. and transcripts, which the
Registry has to supply to the noticees as above."

43. In response to the notice RK Anand, instead of filing a
show cause, first filed a petition (on September 5, 2007) asking
--
D one of the judges on the Bench, namely, Manmohan Sarin J.
to recuse himself from the t.earing of the matter. The recusal
petition and the review petition arising from it were rejected by
the High Court by orders dated October 4 and November 29,
2007. We will be required to consider the unpleasant business
E of the recusal petition in greater detail at its proper place later
in the judgment.

44. While the matter of recusal was still pending a
-
grievance was made before the Court (on September 24) that
F along with the notice the proceedees were given only five CDs,
though the number of CDs submitted by NDTV before the Court
was six. Counsel for NDTV explained that the contents of two
of the CDs were copied onto a single CD and hence, the
number of CDs furnished to the noticees had come down to
G five. Counsel for the TV channel, however, undertook to provide
fresh sets of six CDs to each of the noticees.

45. On September 28, 2007 counsel for IU Khan was
granted permission for viewing the six CDs submitted by NDTV
on the courts record.
H
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1083
[AFTAB ALAM, J.]

46. On October 1, IU Khan filed his affidavit in reply to the A
notice issued by the High Court and RK Anand and Bhagwan
Shanna filed their affidavits on October 3, 2007 .
•
YET ANOTHER TELECAST:

47. In the evening of December 3, 2007 NDTV telecast B
yet another programme from which it appeared that RK Anand
and Kulkarni were by no means strangers to each other and
).. the association between the two went back several years in the
past. Kulkarni, under the assumed name of Nishikant, had
stayed in RK Anand's villa in Shimla for some time. There he C
also had a brush with the law and was arrested by the police
in Una (HP). He had spent about forty five days in jail. From
the HP police record it appeared that after coming on the scene
in the BMW case he spent some time in hotels in Rajasthan
and Gurgaon with the Nanda's paying the bills. •D

48. This time RK Anand did not give any legal notice to
NDTV seeking apology or claiming damages etc. but on the
following day (December 4) he made a complaint about the
telecast before the Court. The Court directed NDTV to produce E
all the original materials concerning the telecast and its
transcript. The Court further directed NDTV to file an affidavit
giving details in regard to the collection of the materials and
the making of the programme.

49. In response to the High Court's direction one Deepak F
Bajpai, Principal Correspondent with NDTV filed an affidavit on
its behalf on December 11, 2007. In the affidavit it was stated
that following a reference to HP in the conversation between
RK Anand and Kulkarni in the second sting that took place in
the car he went to Shimla and other places in Himachal G
Pradesh and made extensive investigations there. Kulkarni was
easily identified by the people there through his photograph. On
making enquiries he came to learn that iin the year 2000
Kulkarni lived in RK Anand's villa called 'Schilthorn' in Shimla
for about a year under the assumed name of Nishikant. While H
1084 SUPREME COURT REPORTS (2009] 11 S.C.R.

A staying there he corresponded with an insurance company on
behalf of RK Anand, using his letter-head, in connection with
some insurance claim. Interestingly, there he also obtained a .
driving licence describing himself as Nishikant Anand son of
RK Anand. In Shimla and in other places in Himachal he also
B duped a number of traders and businessmen. In Una he was
arrested by Police on suspicion ar,j he had to spend about 45
days in jail.
....
50. In reply to the affidavit filed by Deepak Bajpai, RK
Anand filed an affidavit on January 10, 2008 in which he mostly
c tried to point out the discrepancies in the sting recordings and
contended that those were inadmissible in evidence.

PROCEEDINGS BEFORE THE HIGH COURT:

51. After putting the recusal petition and the review
D
application out of its way, the Court took up the hearing of the
main matter that was held on many dates spread over a period
of four months from December 4, 2007 to May 2, 2008. RK
Anand appeared in person while IU Khan was represented
through lawyers. Neither RK Anand nor IU Khar. (nor for that
E
matter Bhagwan Sharma) tendered apology or expressed
regret or contrition for their acts. IU Khan simply denied the
charge of trying to interfere with the due course of judicial
proceedings and administration of justice by the Courts. He took
the stand that the expressions and words he is shown to have
F uttered in his meeting with Kulkarni were misinterpreted and a
completely different meaning was given to them to suit the story
fabricated by the TV channel for its programme.

52. RK Anand on his part took a posture of defiant denial
G and tried to present himself as one who was more sinned
against than a sinner. Before coming to his own defence he
raised a number of issues concerning the role of the mass
media in general and, in particular, in reporting about the BMW
case. He contended that it was NDTV that was guilty of
H committing contempt of Court as the programmes telecast by
RK. ANAND v. REGISTRAR, DELHI HIGH COURT 1085
[AFTAB ALAM, J.]

it on May 30, 2007 (and on subsequent dates) clearly violated A
the sub-judice rule. On this issue, however, he was strangely
ambivalent; he would not file an application before the Court
for initiating contempt proceedings against the TV channel but
'invite' the Court to suo moto take appropriate action against
it. He next submitted that the Court should rein in and control B
the mass media in reporting court matters, especially live cases
pending adjudication before the court, arguing that media
... reports mould public opinion and thereby tend to goad the court
to take a certain view of the matter that may not necessarily
be the correct view. He also urged the Court to lay down the c
law and guidelines in respect of stings or undercover operations
by media. After an elaborate discussion the High Court rejected

- all the contentions of the contemnors based on these issues.
Before us these issues were not raised on behalf of the
appellants. But we must observe we fail to see how those D
issues could be raised before the High Court as pleas in
defence of a charge of criminal contempt for suborning a
witness in a criminal trial. In the overall facts and circumstances
of the case it was perfectly open to the High Court to deal with
those issues as well. But it certainly did not lie with anyone E
. facing the charge of criminal contempt to plead any alleged
wrong doing by the TV channel as defence against the charge.
If the telecast of the programme concerning a pending triC!I
could be viewed as contempt of Court; or if the stings preceding
it, in any way, violated the rights of the subjects of the stings
those would be separate issues to be dealt with separately. In F
case of the former the matter was between the Court and the
TV channel and in the latter case it was open to the aggrieved
person(s) to seek his remedies under the civil and/or criminal
law. As a matter of fact RK Anand had given a legal notice to
NDTV that he did not pursue. But neither the stings nor the G
telecast would absolve the contemnors of the grave charge of
suborning a witness in a criminal trial. We have, therefore, not
the slightest doubt that the High Court was quite right in rejecting
the contemnors' contentions based on those so called
preliminary issues. H
1086 SUPREME COURT REPORTS [2009] 11 S.C.R.

A 53. The contemnors then raised the issues of the nature
of contempt jurisdiction and the onus and the standard of proof
in a proceeding for criminal contempt. They further questioned •
the admissibility of the sting recordings and contended that
those recordings were even otherwise unreliable. In course of
B hearing RK Anand tried to assail the integrity of the CDs
furnished to him that were the reproductions from the original
of the sting recordings. According to him, there were several
anomalies and discrepancies in those recordings and (on
January 29, 2008) he submitted before the Court that from the
c CDs furnished to him he had got another CD of eight minutes
duration prepared in order to highlight the tampering in the
original recording. He sought the Court's permission to play his
eight minute CD before it. On RK Anand's request the Court
viewed the eight minute CD submitted by him on February 5,
2008. On February 27, 2008 the Court directed NDTV to file
-
0
an affidavit giving its response to the CD prepared by RK
Anand. As directed, NDTV filed the affidavit, sworn by one
Dinesh Singh, on March 7, 2008. The affidavit explained all the
objections raised by RK Anand in his eight minute CD. RK
E Anand then filed a petition (Crl. M. 4012/2008) on March 31,
2008 for sending the original CDs for examination by the
Central Forensic Science Laboratory.

54. Besides this, RK Anand filed a number of interlocutory
applications in course of the proceedings. Only three of those
F are relevant for us having regard to the points raised in the
hearing of the appeal. Those were: (I) Crl.M. No. 13782 of 2007
filed on December 3, 2007 for summoning Poonam Agarwal
for cross-examination, (II) Crl.M. No. 4010 of 2008 filed on
March 31, 2008 for initiating proceeding of perjury against
G NDTV and Poonam Agarwal for deliberately making false
statements on affidavits and fabricating evidence and (Ill) Crl.M.
No. 4150 of 2008 filed on April 2, 2008 asking the Court to
direct NDTV to place all the original microchips before it and
to furnish him copies directly reproduced from those chips.
H Apart from the above, RK Anand also filed before the High
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1087
[AFTAB ALAM, J.]
,. Court on March 31, 2008 an application in the nature of written A
arguments.

55. On conclusion of oral submissions, on April 5, 2008
the Court, in presence of the three contemnors and their
counsel, viewed all the original materi~ls of the sting operations
B
submitted before it by NDTV. In the order passed on that date
it recorded the proceeding of the day as under:

~ "The under mentioned recordings were played in court
today in the presence of noticees, their counsel and the
amicus curiae: c
(i) Bag camera chip of conversation with Shri I. U.
Khan on 28.4.2007;

(ii) Button camera DVD of conversation with Shri I. U.
D
.. Khan on 28.4.2007;

(iii) Button camera chip of conversation with Shri R. K.
Anand on 6.5.2007;

(iv) Button camera chip of conversation with Shri R. K. E
Anand on 8.5.2007;

(v) Button Camera Chip of conversation with Sri
Bhagwan Sharma; Shri Lovely;

(vi) Telecast of second expose of 3.12.2007 at H.P. stay F
of Sunil Kulkarni

Mr. Huzefa Ahmedi for noticee Mr. I. U. Khan and Mr. R.
K. Anand for himself and Sri Bhagwan offered their
comments on the inferences to be drawn from the video
G
recordings and the conversations therein.

Re-notify on 10th Ap~i), 2008 at 2.30 p.m. for conclusion
of submissions on behalf of noticees."

56. On the next date April 10, 2008 RK Anand concluded H
1088 SUPREME COURT REPORTS [2009] 11 S.C.R.

A his submission and the counsel for IU Khan filed reply to the
written submission of amicus curiae. The matter came up once
more before the Court on May 2, 2008 when the Court after
giving some direction to NDTV and amicus curiae, reserved
judgment in the case which was finally pronounced on August
B 21, 2008. The Court held that the contempt jurisdiction of a
Court is sui generis. The provisions of CrPC and the Evidence
Act are not applicable to a proceeding of contempt. In dealing
with contempt, the Court was entitled to devise its own ~
procedure but it must firmly adhere to the principles of natural
c justice. The Court also found and held that the recOidings of
the stings on the microchips and their reproduction on the CDs
were completely genuine and unimpeachable and hence, those
materials could not only be taken in evidence but fully relied on
in support of the charge.
D 57. The High Court rejected all the interlocutory }
applications filed by RK Anand. As to the request to call
Poonam Agarwal for cross-examination the Court observed that
what transpired between RK Anand and Kulkarni in the sting
meetings was there on the microchips and the CDs, copied
E from those chips, for anyone to see and no statement by
Poonam Agarwal in her cross-examination would alter that even
slightly. The Court further recorded its finding that the microchips
were not subjected to any tampering etc. and hence, rejected
the petition for proceeding against NDTV for perjury. In regard ~

F to the other petitions the Court observed that those were
moved in desperation and for exerting pressure on NDTV and
Poonam Agarwal. The Court further observed that the original
chips were in the safe custody of NDTV and there was no need
for those chips to be deposited in Court. The contents of the
G microchips were viewed by the proceedees and the CDs onto
which the microchips were copied were handed over to them.
The proceedees, therefore, had no cause for grievance and the ~

submission to send the microchips for forensic examination or
for directing NDTV to submit the original microchips before the
H High Court had no substance or merit.
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1089
[AFTAB ALAM, J.]

58. In the end the Court held that the circumstances and A
the manner in which the meetings took place between the
proceedees and Kulkarni and the exchanges that took place
in those meetings as evidenced from the sting recordings fully
established that both IU Khan and RK Anand were guilty of the
charges framed against them. It accordingly convicted them for B
criminal contempt of Court and sentenced them as noticed
above.
~
SOME OF THE ISSUES ARISING IN THE CASE:
'
59. These are broadly all the facts of the case. We have c
set out the relevant facts in considerable detail since we do not
see this case as simply a matter of culpability, or otherwise, of
two individuals. Inherent in the facts of the case are a number
of issues, some of which go to the very root of the
administration of justice in the country and need to be D
" addressed by this Court.

The two appeals give rise to the following questions:

1. Whether the conviction of the two appellants for
committing criminal contempt of court is justified E
and sustainable?

2. Whether the procedure adopted by the High Court
+ in the contempt proceedings was fair and
reasonable, causing no prejudice to the two F
appellants?

3. Whether it was open to the High Court to prohibit
the appellants from appearing before the High
Court and the courts sub-ordinate to it for a
G
specified period as one of the punishments for
criminal contempt of court?

4. Whether in the facts and circumstances of the case
the punishments awarded to the appellants can be
said to be adequate and commensurate to their H
1090 SUPREME COURT REPORTS [2009] 11 S.C.R.

A misdeeds?

Apart from the above, some other important issues arise from
the facts of the case that need to be addressed by us. These
are:
B 5. The role of NDTV in carrying out sting operations
and telecasting the programme based on the sting
materials in regard to a criminal trial that was going
on before the court.

c 6. The declining professional standards among
lawyers, and

7. The root-cause behind the whole affair; the way the
BMW trial was allowed to go directionless

D 60. On these issues we were addressed at length by Mr.
Altaf Ahmed, learned Senior Advocate appearing for RK Anand
and Mr. P. P. Rao, learned Senior Advocate appearing on
behalf of IU Khan. We also heard Mr. Harish Salve, learned
Senior Advocate representing NDTV, which thoygh not a party
E in the appeals was, nevertheless issued notice by us. We also
received valuable assistance from Mr. Gopal Subramanium,
Senior Advocate and Mr. Nageshwar Rao, Senior advocate,
the amici appointed by us having regard to the important
issues involved in the case. We spent a full day viewing all the
F sting recordings, the recording of the programmes telecast by
NDTV on May 30, 2007 and the eight minute CD prepared by
RK Anand. Present at the viewing were all the counsel and one
of the appellants, namely RK Anand.

RK ANAND'S APPEAL
G
61. Before adverting to anything else we must deal with
the appeals proper. In order to judge the charge of criminal
contempt against the appellants it needs to be seen what
actually transpired between Kulkarni and the two appellants in
H the stings to which they were subjected. And for that we shall
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1091 .
[AFTAB ALAM, J.]

have to examine the raw sting recordings. A
62. Taking the case of RK Anand first we go to the sting
done on him on May 6, 2007 when Kulkarni met him in the VIP
lounge at the domestic terminal of IGI Airport, Delhi. Here, it
needs to be recalled that as Kulkarni was behind the camera
8
(which was fixed to his shirt front) he is not seen in the picture.
What one sees and hears are the pictures of whomsoever he
is engaged with and their voices. The video begins with
Kulkarni approaching the guard at the entrance of the airport
building and asking him about the public address system from C
where he could contact RK Anand who was inside the airport
building in the VIP lounge. The following are the extracts from
the transcript of the sting recording of the meeting that would
give an idea how the meeting between the two took place and
what was said in the meeting.
D
THE EXCHANGE BETWEEN KULKARNI & RK ANAND:
Kulkarni: Excuse me, apka announcement kaha hai?
Someone :Kis liye?
Kulkarni Mr. RK Anand, yaha hai, ex Member of E
Parliament, mujhe unse milna hai, urgent.. .. I
think woh udhar hi hai.
KULKARNI ON THE PUBLIC TELEPHONE AT THE
NRPOITT F
Kulkarni Hello Haanji boss, bahar hi hoo ... gate No.1
gate No.2 ke beech mein, Ha, VIP gate
ok ... I'll be there. Ya, ya, ya, ya, ok.
"
KULKARNI HANGS UP AND PROCEEDS TOWARDS THE G
VIP GATE
Kulkarni Poonam, keep your mobile on! Ok! and keep
it with your recorder! Ok! Ok! I'm leaving for
the VIP gate ... he is waiting there .. ok ... ok
H
1092 SUPREME COURT REPORTS [2009] 11 S.C.R.

A Anand Kya badmashi karte rehte ho?
Kulkarni Main aapko wohi time bata raha tha ke mujhe
sab kuch pata tha ye ..isi liye hamne ... but lekin
nobody believed me ... (Anand laughing)

B Anand Acha Tu mere saath badmashi karni band
kar de ... tu banda ban ja.
'.
Kulkarni Aap banaoge to banoonga.
"""· 1
Anand Agar nahi banega to main maroonga .,
c (Kulkarni : cuts in)

Kulkarni Ab kya strategy banani hai batao.
Kulkarni Maine message bheja tha khan saab ke
D pass ... aapko shayad mi/a hoga
·Anand Haan ... mil gaya tha

Anand Main kya bola? (Laughs)
E
Anand Acha Jet me come back tomorrow, meri
flight ayegi koi saare nau (9.30) baje.. tum
ghar mein xxxx.
Kulkarni Han that will be better because I dont want .....
F

Anand Haan ab .... ab mujhe batao ...
Anand Ab batao mereko ......
G Kulkarni Mujhe bola dhai crore doonga ... aap batao
mereko.
Anand Hain?
Kulkarni Dhai crore .....
H
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1093
[AFTAB ALAM, J.]
Anand Tu paanch crore maang le ..... A
Kulkarni Main paanch crore maang feta hoo ...
Anand Tere ko cross examine maine zaroor karna
hai!
Kulkarni Aur doosri baat .... cross examine aap karoge B
mereko? (Anand laughs).

Kulkarni Jab bhi mereko zaroorat padegi main ghar pe
aa jaunga, mujhe pata hai. C
Anand Chalo let me come back tomorrow
evening, you come and meet me in the
night ... in the farm .... don't meet me
outside. D

Kulkarni Nahi aaj jaroori tha is/iye main mi/a ... nahi to
main .. / avoid it..
Anand Nahi farm pe milna. E
Kulkarni Aur doosri baat...yeh inhe bhi jante ho ... yeh
dekho its Commando ... ok
Anand Ya, Tomorrow evening, bye!
The second sting took place on May 8, 2007 in the car. F
· Extracts from the transcript of that meeting are
as follows.
Kulkarni kyon office mein bhi aur ghar pe bhi mcft
millo ... yeh sare log mere peeche... F
Anand yahan kyon milte ho phir?
Kulkarni Yahan koi nahi dekhta ... acha abhi kya karna
hai batao.
H
1094 SUPREME COURT REPORTS [2009] 11 S.C.R.

A Anand Ab dekho tum xxxx tum xx .paise xxxxx ,.
Kulkarni Main .... yeh sab main kaise bo/oonga ... ab
yeh sab drama yeh kar rahe hai na ... drama
kar rehe hai poora hi ... ab dekho jo hua so
hua ....
B
Anand Baat to tumhare samne karonga, peeche
to karongaa nahi....
Kulkarni Vo to mainbhi janta hoo 1

c Anand Samne baat hogi tumhare
Kulkarni Kai kya mere ko nikaal rahe ho kya ... 311
se?
Anand Nikal doo?
0 Kulkarni Nahi.. nahi mat nikalna xxx
Anand Nahi Nikalta
Kulkarni Nahi Nahi mat nikalna.. withdraw karva lo
na aap ...jab main aapke saath hoo, jo
E marzi karne ke liye tyaar hoo. to yeh kaye
ke /iye High Court main laga diya
aapne .. aur mere upar aapko itna bhi
bharosa hahi hai kya ..... theek hai gussa ho
jata hoo main xxxx..
F Anand Nahi Nahi
Kulkarni Lekin aana hai..... depose karna hai.
Anand Ab usse kya baat karni hai ... batao,
Reasonable baat karo.
G
Kulkarni Aap decide karo.
Anand Tum decide karo.
Anand Woh to you decide."
H Kulkarni· 30,000 crores ... CBI ne 2300 crores .. big
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1095
[AFTAB ALAM, J.]

investment ... 84 crores A
Anand Vo choddo
Kulkarni Kyon .. kyon Chodo .. kyon chodo? .. Aap .. main
aapka beta hoo. bolo.
Anand Tumhara bheja kharaab ho gaya 8
hai ... (Laughs)
Kulkarni Kharaab ho gaya hai na abhi ....
Anand Haa bheja kharaab ho raha hai.
c
Anand So you have not taken the summon?
Kulkarni Na ... not al all. Jab tak aap nahin bataoge,
Khan sahib nahi bataenge tab main D
summon kaise Ju.
Anand How did Ramesh Gupta inform him that you
have taken the summons?

E
Kulkarni Ab maine kya karna hai.. maine summon
liya nahi hai.. aap mere upar to bharosa kar
sakte ho na?
Anand Poora, mujhe to poora...
F
Kulkarni Poora vishwas hai na? To maine summon
nahi Jiya ha ...

Anand I'm out of touch ... I'm not in trial, I'm in High G
Court so I don't know ... anyhow.. what
statement you are supposed to make.. we
will decide about it... First of all, meet the
bugger and talk to him. And be reasonable.
Don't be unreasonable like what you told H
1096 SUPREME COURT REPORTS (2009] 11 S.C.R.

A me that day. Don't be silly/ "
Kulkarni Kitna Mango?
Anand Chodo na ... bat samjha kar yaar ... aadmi
ko zindagi main aur bhi bade kaam aate
B hai... aise nahi karte .. that fellow is sick you
know.. that man..jo kya naam hai uska xxx
Kulkarni Hmm.
i

c Anand ; Talk to me around seven forty five.
Kulkarni Ok
Anand Ok
Kulkarni Sir..
D
Anand Then we'll decide about it.

Kulkarni Hmm. Paune aath (8) baje I'll get back to
E you.. agar paune aath (8) baje aap bu/ate ho
to main aaju-baaju ke area main hi rehta
hoo.. Kanth ko bu/a /ena bas.. meri ek di/ ki
bhadaas nik/ane do bas ... do minute.
Anand Aaju baju mein hi rehna, main tumhe bu/a
F /unga.
Kulkarni /sme bachana hai na 11sko Sanjeev ko?
Anand xx Kabhi kisika bura mat kiya karo. Panga
Jene ka kaya faydaa.!
G
Kulkarni Theek hai.
Kulkarni Nahi,.Jekin kaise kya karna hai vo aapne
aur khan sahab ne decided karna hai.. after
all it was merely an accidentxxx.
H
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1097
[AFTAB ALAM, J.]
. :.. Anand And he remained in jail for 8-9 A
months ... yaar.
Kulkarni ·To main .. to mere ko bhool jayoge
aa,'J .. pentalis (45) din.
Anand Kaise. B

Anand You were enjoying..
Kulkarni Kya,. ..
c
Anand You were enjoying. Not that you were in a
problem .. uski to dikkat hai bechare kixxxx

. Kulkarni Nahi Nahi.. I'm also not interested. Aisi baat
nahi hai..
D
Anand Kabhi kisi ka bura nahi kara karo .• aise
bha/a karne se hi aadmi to acha rehta
hai.. kisi ko jhoota nahi phasana
chahiye.. nika/ dena chahiye ...
Kulkarni Chalo theek hai. Aap ke kehne par main E
kuch bhi karne ke liye tayaar hoo .. aur inki
saari galat information hai.
Anand Aage jake bhi bhagwan ko jawaab dena hota
hai yaar.. aage bhi jawaab .... kya fayda
kame .. xxx F
Anand Chhuraane se phir bhi ache rehta
hai.. phasane seto (abuses) bura hi kaam
hota hai ... main to kisi main interested hi nahi
hoo .. kisiko phasane main ... G
Kulkarni nahi vo to mujhe bhi pata hai ...
Anand In logo ne Narsiml1a Rao ko phasaya .. acha
thodi hua tah vo .. vaapis chhuraya tha
humne .. kya fayda hua..
H
1098 SUPREME COURT REPORTS [2009] 11 S.C.R.

~
A Kulkarni Main aajo baajo main paune aath baje.. aap
mere ko bu/a /ena
Anand Give me a call at seven forty five ..
Kulkarni Ji..
B Anand On my office number.
xxxxxxxxxxxxxxxxxxxxxxxxxx
i
Kulkarni Phir mere khayaal se 311 udega nahi na,
blood sample ka udega?
c
Anand Hain?
Anand Kyon udaye..jab tumhare pass paise bante
hai to main kyon udayo? ..
Kulkarni Jab main aapke saath hoo..
D
Anand Ha.. to phir kya hai..

Kulkarni Koi neta log tha .. acha.. seven forty five ..
E Anand Pakki gal..

63. It is quite possible that Kulkarni had somehow found
out RK Anand's programme and RK Anand did not know that
he was coming to meet him at the airport but there can be no
F doubt that he allowed him to come to him and the meeting took
place with his consent. From his opening remark and the
general tenor of the conversation it is evident that they were
quite free and familiar with each other. ryve may recall here their
seven years old Shimla connection!). Now, when Kulkarni asks
G him what strategy was to be made it could mean only one thing.
He did not give any direct reply to that question but he did not
ask Kulkarni to shut up either. When Kulkarni said that he was
offered two and half crores he indeed mockingly suggested
that he should ask for five crores but here also what was sought
H to be ridiculed was the sum quoted and not the prospects for
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1099
[AFTAB ALAM, J.]
.:.. negotiation. As a matter of fact for further negotiation door was A
kept wide open with the express invitation for further meeting
albeit at a discreet place and time.

64. The meeting at the airport might or might not have been
scheduled but there can be no doubt that the meeting in the
B
car was fixed from before. Otherwise, it was impossible for
Kulkarni to enter the car having equipped himself with a hidden
camera and the recording device from before in anticipation
~
that he would get the chance to get into the car outside Delhi
High Court. The purpose of the meeting is manifest by the
conversation between the two. It is also evident that before
c
parting another meeting was fixed in the evening for which
Kulkarni was to call up RK Anand at his office. As arranged,
Kulkarni did telephone at RK Anand's office but the meeting
did not take place there or with RK Anand. The meeting took
place at the South Extension Market where first Bhagwan D
" Sharma and then Lovely came to meet.Kulkarni. Both claimed
that they were sent to meet him by RK Anand. There is a very
long transcript of the sting on the third meeting, first between ·
Kulkarni and Bhagwan Sharma (who stayed with Kulkarni till
Lovely came there) and then between Kulkarni and Lovely. The E
recording of the third sting further makes it evident that Kulkarni
was trying (at least for the purpose of the sting) to sell himself
off in favour of the accused Sanjeev Nanda for a price that he
-# left to be fixed by RK Anand. However we see no reason to
advert to the third sting, first because RK Anand was not F
personally present in the meeting and secondly and more
importantly because the charge is fully established against him
on the basis of the two stings done on him personally. This is
of course, provided the recordings of the two stings truly and
faithfully represent what actually transpired in those two G
meetings .
• Submissions on behalf of RK Anand:

65. Mr. Altaf Ahmed, learned senior counsel appearing for
RK Anand, submitted that the High Court founded the H
1100 SUPREME COURT REPORTS [2009] 11 S.C.R.

A appellant's conviction under the Contempt of Courts Act on "'""
facts that were electronically recorded, even without having the
authenticity of the recording properly proved. The High Court
simply assumed the sting recordings to be correct and
proceeded to pronounce the appellant guilty of criminal
B contempt on that basis. Hence, the genuineness and accuracy
of what appeared in the sting recordings always remained
questionable. Mr. Ahmed submitted that the judgment and order
coming under appeal was quite untenable for the simple reason i
that the integrity of its factual foundation was never free from
c doubt. Learned counsel further submitted that the procedure
followed by the High Court was not fair and the appellant was
denied a fair trial. He also submitted that the High Court arrived
at its conclusions without taking into consideration the
appellant's defence and that was yet another reason for setting
aside the impugned judgment and order.
D
J
Nature of Contempt Proceeding:

66. Mr. Ahmed submitted that under the Contempt of
Courts Act the High Court exercised extra-ordinary jurisdiction.
E A proceeding under the Act was quasi criminal in nature and it
demanded the same standard of proof as required in a criminal
trial to hold a person guilty of criminal contempt. In support of
the proposition he cited two decisions of this Court, one in
Mritunjoy Das Vs. Sayed Hasibur Rahman, (2001) 3 SCC
F 739 and the other in Chotu Ram vs. Urvashi Gulati and Ors.,
(2001) 7 SCC 530. In both the decisions the Court observed
that the common English phrase, "he who asserts must prove"
was equally applicable to contempt proceedings. In both the
decisions the Court cited a passage from a decision by Lord
Denning in Re Bramblevale Ltd., (ALL ER pp. 1063H and
G
10648) on the nature and standard of evidence required in a
proceeding of contempt.

"A contempt of court is an offence of a criminal character.
A man may be sent to prison for it. It must be satisfactorily
H proved. To use the time-honoured phrase, it must be
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1101
[AFTAB ALAM, J.]
:..
proved beyond reasonable doubt. It is not proved by A
showing that, when the man was asked about it, he told
lies. There must be some further evidence to incriminate
him. Once some evidence is given, then his lies can be
thrown into the scale against him. But there must be some
other evidence. Where there are two equally consistent B
possibilities open to the court, it is not right to hold that the
offence is proved beyond reasonable doubt."

67. Seeking to buttress the point learned Counsel also
referred to some more decisions of this Court in: (i) Anil Rattan
Sarkar vs. Hirak Ghosh, (2002) 4 SCC 21 (ii) Bijay Kumar
c
Mahanty vs. Jadu @ Ram Chandra Sahoo, (2003) 1 SCC
644 (iii) J. R. Parashar, Advocate vs. Prashant Bhushan,
Advocate (2001) 6 SCC 735 and (iv) S. Abdul Karim vs. NK
Prakash and others (1976) 1 SCC 975
D
68. There cannot be any disagreement with the proposition
advanced by Mr. Ahmed but as noted above if the sting
recordings are true and correct no more evidence is required
to see that RK Anand was trying to suborn a witness, that is, a
particularly vile way of interfering with due course of a judicial E
proceeding especially if indulged in by a lawyer of lung standing.

Admissibilitv of electronicall~ recorded & stored materials
in evidence:

69. This leads us to consider the main thrust of Mr. F
Ahmed's submissions in regard to the integrity, authenticity,
and reliability of the electronic materials on the basis of which
the appellants were held guilty of committing contempt of Court.
Learned counsel submitted that the way the High Court
proceeded in the matter it was impossible to say with any G
certainty that the microchips that finally came before it for
viewing were the same microchips that were used in the spy
cameras for the stings or those WE:re not in any way
manipulated or interfered with before production in court. He
further submitted that the admissibility in evidence of electronic H
1102 SUPREME COURT REPORTS (2009] 11 S.C.R.

A recordings or Electronically Stored Information (ESI) was
subject to stringent conditions but the High Court completely
disregarded those conditions and freely used the sting
recordings as the basis for the appellants' conviction.

70. In support of the submissions Mr. Ahmed submitted a
8
voluminous compilation of decisions (of this Court and of some
foreign courts) and some technical literature and articles on ESI.
We propose to take note of only those decisions/articles that
Mr. Ahmed specifically referred to us and that have some
relevance to the case in hand.
c
71. Two of the decisions of this Court referred by Mr.
Ahmed, one in SA Khan vs. Bhajan Lal, (1993) 3 SCC 151
and the other in Quamarul Islam vs. S. K. Kanta, (1973) 1 SCC
471 relate to newspaper reports. In these two decisions it was
D held that news paper report is hearsay secondary evidence
which cannot be relied on unless proved by evidence aliunde.
Even absence of denial of statement appearing in newspaper
by its maker would not absolve the obligation of the applicant
of proving the statement. These two decisions have evidently
E no relevance to the case before us.

72. In regard to the admissibility in evidence of tape
recorded statements Mr. Ahmed cited a number of decisions
of this Court in (i) N. Shri Rama Reddy vs. V. Giri (1970) 2
SCC 340 (ii) R. M. Malkani vs. State of Maharashtra (1973)
F 1 SCC 471 (iii) Mahabir Prasad Verma vs. Dr. Surinder Kaur
(1982) 2 SCC 258 and (iv) Ram Singh vs. Col. Ram Singh
(1985) Suppl SCC 611. He also referred to two foreign
decisions on the point, one in (i) R vs. Stevenson, 1971 (1)
All ER 678, and the other of the Supreme Court, Appellate
G Division of the State of New York in The People of State of
New York vs. Francis Bell (taken down from the internet). We
need here refer to the last among the decisions of this Court
and the English decisions in R vs. Stevenson. In Ram Singh,
a case arising from an election trial the Court examined the
H question of admissibility of tape recorded conversations under
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1103
' [AFTAB ALAM, J.]

the relevant provisions of the Indian Evidence Act. The Court A
lay down that a tape recorded statement would be admissible
in evidence subject to the following conditions
'1'

"Thus, so far as this Court is concerned the
conditions for admissibility of a tape-recorded statement
B
may be stated as follows:

(1) The voice of the speaker must be duly identified
by the maker of the record or by other who recognise his
voice. In other words, it manifestly follows as a logical·
corollary that in the first condition for the admissibility of c
such a statement is to identify the voice of the speaker.
Where the voice has been denied by the maker it will
require very strict proof to determine whether or not it was
really the voice of the speaker.
D
(2) The accuracy of the tape-recorded statement has
to be proved by the maker of the record by satisfactory
evidence-direct or circumstantial.

(3) Every possibility of tampering with or erasure of
a part of a tape-recorded statement must be ruled out E
otherwise it may render the said statement out of context
and, therefore, inadmissible.

(4) The statement must be relevant according to the
rules of Evidence Act. F

(5) The recorded cassette must be carefully sealed
and kept in a safe or official custody.

(6) The voice of the speaker should be clearly audible
and not lost or distorted by other sounds or disturbances." G

" tape 73.recorded
In R vs. Stevenson too the Court was dealing with a
conversation in a criminal case. In regard to the
admissibility of the tape recorded conversation the court
observed as follows: H
1104 SUPREME COURT REPORTS [2009] 11 S.C.R.

A "Just as in the case of photographs in a criminal trial the
original un-retouched negatives have to be retained in strict
custody so in my views should original tape recordings.
However one looks at it, whether, as counsel for the Crown ...
argues, all the prosecution have to do on this issue is to
B establish a prima facie case, or whether, as counsel for
the defendant Stevenson in particular, and counsel for the
defendant Hulse joining with him, argues for the defence,
the burden of establishing an original document is a
criminal burden of proof beyond reasonable doubt, in the "
c circumstances of this case it seems to me that the
prosecution have failed to establish this particular type of
evidence. Once the original is impugned and sufficient
details as to certain peculiarities in the proffered evidence
have been examined in court, and once the situation is
reached that it is likely that the proffered evidence is not
D
the original-is not the primary and the best evidence -that ,I

seems to me to create a situation in which, whether on
reasonable doubt or whether on a prima facie basis, the
judge is left with no alternative but to reject the evidence.
In this case on the facts as I have heard them such doubt
E does arise. That means that no one can hear this evidence
and it is inadmissible."

(emphasis added)
i,..
74. Mr. Ahmed also referred to another decision by a US
F
Court on the admissibility of video tapes. This is by the Court
of Appeal of the State of North Carolina in State of North
Carolina vs. Michael Odell Sibley (downloaded from the
internet). In this decision there is a reference to an earlier
decision of the same court in State vs. Cannon. 92 N C App.
G
246 etc. in which the conditions for admissibility of video tape
in evidence were laid down as under:

"The prerequisite that the offer or lay a proper foundation
•
for the videotape can be met by: ( 1) testimony that the
H motion picture or videotape fairly and accurately illustrates
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1105
[AFTAB ALAM, J.]

the events filmed (illustrative purpose); (2) "proper A
testimony concerning the checking and operation of the
video camera and the chain of evidence concerning the
videotape ... "; (3) testimony that "the photographs
introduced at trial were the same as those [ the witness]
had inspected immediately after processing," (substantive B
purposes); or (4) "testimony that the videotape had not
been edited, and that the picture fairly and accurately
recorded the actual appearance of the area
'photographed."

75. On the different issues germane to the admissibility of
c
ESI Mr. Ahmed also referred to a decision of the District Court
of Maryland, United State in Civil Action No. PWG-06-1893,
Jack R. Lorraine and Beverly Mack vs. Markel American
Insurance Company (downloaded from the internet). Mr.
Ahmed also cited before us an article captioned 'The Sedona D
Conference ® Commentary on ES/ Evidence & Admissibility':
A Project of The Sedona Conference Working Group on
Electronic Document Retention & Production (WGI)®,
published in Sedona Conference Journal, Fall 2008. The article
deals extensively with the different questions relating to E
admissibility in evidence of ESI and one of its basic premises
is that the mere fact that the information was created and stored
within a computer system would not make that information
~ reliable and authentic,
F
76. He also invited our attention to an article appearing in
The Indian Police Journal, July-September 2004 issue under
the caption "Detection Technique of Video Tape Alteration on
the Basis of Sound Track Analysis". From this article Mr.
Ahmed read out the following passages: G

"The acceptance of recorded evidence in the court of law
depends solely on the establishment of its integrity. In other
words, the recorded evidence should be free from
intentional alteration. Generally, examination of recorded
H
1106 SUPREME COURT REPORTS [2009] 11 S.C.R.

A. evidence for establishing the integrity/authenticity is
performed to find out whether it is a one-time recording
or an edited version or copy of the original."

And further:
B "Alteration on an audio recording can be of Addition,
Deletion, Obscuration, Transformation and Synthesis. In
video recordings the alteration may be with the intention
to change either on the audio track or on the video track.
In both the ways there is always disturbance on both the
c track. Alterations in a video track are usually made by
adding or removing some frames, by rearranging few
frames, by distorting certain frames and lastly by
introducing artificially generated frames. Alteration on a
video recording"
D
77. In light of the decisions and articles cited above Mr
Ahmed contended that the High Court freely used the copies
of the sting recordings and the transcripts of those recordings
made and supplied by NDTV without caring to first establish
the authenticity of the sting recordings. Learned counsel
E
submitted that the use of the CDs of the sting recordings and
their transcripts by the High Court was in complete violation of
the conditions laid down by this Court in Ram Singh.

78. Learned counsel pointed out that at the threshold of
F the proceeding, started suo moto, the High Court, instead of
taking the microchips used for the sting operations in its custody
directed NDTV 'to preserve the original material including the
CDsNideo' pertaining to the sting operations and to submit to
the Court copies and transcripts made from those chips. Thus
G the microchips remained all along with NDTV, allowing it all the
time and opportunity to make any alterations and changes in .,
the sting recordings (even assuming there were such recording
in the first place!) to suit its purpose. The petition filed by RK
Anand for directing NDTV to submit the original microchips
H before the Court and to give him copies made in Court directly
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1107
[AFTAB ALAM, J.]
) from those chips remained lying on the record unattended till it A
was rejected by the final judgment and order passed in the
case. Another petition requesting to send the microchips for
forensic examination also met with the same fate.

79. Mr. Ahmed further submitted that the procedure
B
followed by the High Court was so flawed that even the number
of chips used for the different sting operations remained
indeterminate. The trial court order dated June 1, 2007 referred
to three chips produced on behalf of NDTV. The written
statement of Poonam Agarwal made before the High Court on
June 6, 2007 mentioned four chips and finally their number
c
became five in her affidavit dated October 1, 2007.

80. He further submitted that the audio and the video
recording on the basis of which the NDTV telecast was based
and that was produced before the High Court was done by D
,I. Kulkarni and it was he who was the maker of those materials.
The Court never got Kulkarni brought before it either for the
formal proof of the electronic materials or for cross-examination
by the contemnors. The finding of the High Court was thus
based on materials of which neither the authenticity was proved E
nor the veracity of which was tested by cross-examination. He
further submitted that the affidavit of the NDTV reporter
(Poonam Agarwal) doesn't cure this basic ' flaw in the
proceedings. The recordings were not done by the TV
channel's reporter: her participation in the process was only to F
the extent that she 'wired' Kulkarni and received from him the
recorded materials. What she received from Kulkarni was also
not identified, much less formally proved before the High Court.
According to Mr. Ahmed, therefore, the finding of the High Court
was wholly untenable and fit to be set aside.
G
SUBMISSIONS CONSIDERED:
" 81. The legal principles advanced by Mr. Ahmed are
unexceptionable but the way he tried to apply those principles
to the present case appear to us to be completely misplaced. H
1108 SUPREME COURT REPORTS [2009] 11 S.C.R.

A 82. Here, we must make it clear that we are dealing with 1

a proceeding under the Contempt of Courts Act. Now, it is one
thing to say that the standard of proof in a contempt proceeding
is no less rigorous than a criminal trial but it is something
entirely different to insist that the manner of proof for the two
B proceedings must also be the same. It is now well settled and
so also the High Court has held that the proceeding of
contempt of court is sui generis. In other words, it is not strictly
controlled by the provisions of the CrPC and the Indian
Evidence Act. What, however, applies to a proceeding of
C contempt of court are the principles of natural justice and those
principles apply to the contempt proceeding with greater rigour
than any other proceeding. This means that the Court must
follow a procedure that is fair and objective; that should cause
no prejudice to the person facing the charge of contempt of
court and that should allow him/her the fullest opportunity to
0
defend himself/herself. (See In Re Vinay Mishra (1995) 2 SCC
584, Oaroga Singh and Ors. vs. B.K. Pandey (2004) 5 SCC
26)

CORRECTNESS OF STING RECORDINGS NEVER
E DISPUTED OR DOUBTED:
83. Keeping this in mind when we turn to the facts of this
case we find that the correctness of the sting recordings was
never in doubt or dispute. RK Anand never said that on the
F given dates and time he never met Kulkarni at the airport lounge
or in the car and what was shown in the sting recordings was
fabricated and false. He did not say that though he met Kulkarni
on the two occasions, they were talking about the weather or
the stock market or the latest film hits and the utterances put in
G their mouth were fabricated and doctored. Where then is the
question of proof of authenticity and integrity of the recordings?
It may be recalled that both in the eight o'clock and nine o'clock
programmes, RK Anand was interviewed by the programme
anchors and the live exchange was integrated into the
programmes. Let us see what his first response to the telecast
H
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1109
[AFTAB ALAM, J.]

• was when the anchor of the eight o'clock programme brought
him on the show.
A

[Following are the extracts from the exchange between the
anchor and RK Anand]

LIVE EXCHANGE BElWEEN TV ANCHOR & RK ANAND: B

"India 60 Minutes (BMW Special) 8 PM"
t Segment 2

Sonia: We have RK Anand, on line with us. Mr. RK Anand, c
you have watched that report, what's your defence?

RK Anand: My defence, what can be the defence you tell me.
See, he just came to me and he was making a joke that
should I make a demand for Rs. 2. 5 crores and I said what D
!..
the hell are you talking, you would want any amount you want
ten, I meant this jokingly I'd not serious manner. I thought what
the hell you want and I never invited him I was going out he
must have come there to meet me and I don't know what kind
of story if being made my NDTV on this channel. E
xxxxxxxxxxxxxxx
Sonia: But Mr. Anand if you have a w.itt~ess who has come
~
up, you have. a witness of the prosecution who has come up
to you he has claimed that he wants this much money and F
you may've laughed it off but you then met him again, you've
again discussed details of the case, surely that is not
appropriate behaviour for a defence lawyer with a prosecution
witness.
G
RK Anand: See, did I ask him to sit in the car? Did I ask him
to come to my office? Did I ever give him a call to come to me?
).-
We never called. I think it's a trap being laid by the NDTV
people and sending the Kulkarni to me. It's nothing that we have
done anything.
H
1110 SUPREME COURT REPORTS [2009] 11 S.C.R.

Sonia: But Mr Anand, let me come back to the central point
once again why should a defence lawyer and a prosecution
witness be meeting and discussing the case even if it's at the
behest of the witness, surely as a senior defence lawyer you
8
should've thrown him out and not entertained this
conversation?

RK Anand: Just listen to me now; somebody comes up and
talks to you, what do you do, you throw him out?
c

Sonia: But you met him again in your car?

RK Anand: HE was saying 2.5 and I said make a demand for
D 5. I was making a joke of him. Could you not understand the
language in which I said it? I was laughing at that time. Listen
to me, he is a blackmailer, he is trying to blackmail at your
instance.

E
Sonia: Mr Anand, if you were joking the questions that we are
raismg as we've said many times, we have no evidence that
money changed hands or didn't change hands, what we are
showing you is what was caught on camera. Money being
F discussed whether it was jokingly or not jokingly has to be
investigated and two meetings between you and the key
prosecution witness, that seems to be what is currently on
camera, what actually happened has to be investigated. But
how do you justify these two meetings?
G
RK Anand: You are tying again to ask questions after
questions. I am saying that you know when he said about 2.5
crores, I laughed at him and said bloody you are joking. I was
smiling at him; he was making a fool of himself.
H
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1111
[AFTAB ALAM, J.]

~ A
Next is his response in course of the second telecast
·" immediately following the first one:

[Following are the extracts from the exchange between the
anchor and RK Anand] B

30th May - 9 PM BMW Special

Barkha Dutt: Mr RK Anand if you can hear me, by now you
have watched over two times on NDTV. The camera doesn't C
lie sir, u were meeting the prosecution's witness not once but
twice, sir, how was this appropriate, how can you defend this
sir?

Anand: Barkha, we should talk in the right perspective. One
must understand that this witness is a blackmailer, we have D
been fighting in the High Court even today that this witness
should not be examined because he has been blackmailing
us for the last so many years and when I was going out of
Delhi, he appeared suddenly at the airport, and starts talking
to me and say should I make it 2.5 crores. I laughed at him E
and what the hell are you talking, u demand 5 crores, I'll cross-
examine you. This is my first reaction to that one.

Barkha: But Mr Anand if he's a blackmailer, why did you meet
him a second time in your own car a second time outside the
F
Delhi High Court, if he's a blackinailer?

Anand: I have not met him in my car I'm telling you, this is
not correct.

Barkha: Did u meet him a second time? G
Anand: No I did not meet him

Barkha: Sir our investigation reveals that you met him at the
Delhi airport and then again a second time conversation
between you and him takes place inside a car, it may not have H
1112 SUPREME COURT REPORTS [2009] 11 S.C.R.

A been your car. There are two separate meetings for sure sir. •.

Anand: There is no second meeting, I've never met him. I only
met him once and that he came. I was going out of Delhi, and
.-
somebody comes and talks to me and asks for 2.5 crores and
I laughed at him that what the hell are u talking. U want 2.5
8
crores and just see what I've said. I'll cross-examine you. He
said will you cross-examine me, I said yes /'II cross-examine
you. And then we go to the HG and tell HG that he is a
blackmailer and we will not examine him.

c
Barkha: Anand, when Sunil Kulkarni met u at the airport, how
correct is it for the defence lawyer to be toughing (sic.
laughing) when Suni/ Kulkarni raises the question of Rs 2.5
0 crores. In response u laugh and say for that money I will
cross-examine you. Even as a joke is it appropriate?

Anand: It is not a joke I'm saying. If somebody comes before
your vision suddenly when u are going out of Delhi, and say
I will demand 2. 5 crores, I say what 2. 5 crores, make a
E demand of 5 crores I will cross examine you in the court of
law

xxxxxxxxxxxxxxx.
F Barkha: U we (sic. have) flatly denied meeting Sunil Kulkarni,
is that correct?

Anand: I've not met him a second time.

XXXXXXXXlOOOOOO

G Barkha: u think its appropriate for you to asking the
prosecution witness to come and met you at your house sir?

Anand: why what is the difficulty in meeting anyone, I don't
understand?
H
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1113
[AFTAB ALAM, J.]

Barkha: So according to u RK Anand ..... A

Anand: ..... so long u do not influence them ...

84. As may be seen from the above, the first response of 8
RK Anand is to try to explain away (quite unconvincingly to
anyone who might have viewed the recorded programme!) what
he said when Kulkarni mentioned the amount of rupees 2.5
crores. He admitted that Kulkarni met him at the airport lounge.
He didn't deny any part of the conversation between them as C
shown in the programme based on the sting recordings. To the
anchor of the first programme, he impliedly admitted meeting
Kulkarni for the second time in the car simply stating that he
didn't ask Kulkarni to sit in, the car and he did not ask him to
come to the office. But about half an hour later, to the anchor D
of the second programme, though admitting meeting Kulkarni
at the airport lounge, RK Anand completely denied meeting
him in the car or anywhere else for the second time. However, ·
as we shall see presently the denial was quite false.

85. We have gone through the transcripts of the exchange E
between the two anchors and RK Anand a number of times and
we have also viewed the progran:ime recorded on CDs. To us,
RK Anand, in his interactions with the programme anchors,
appeared to be quite stunned at being caught on the camera
in the wrong act, rather than outraged at any false accusations. F

86. It is noted above that immediately after the telecast RK
Anand sent a legal notice to NDTV threatening legal actions
against them and demanding a huge sum as compensation.
NDTV gave its reply to the legal notice and thereafter RK Anand G
didn't pursue the matter any further.

1. Meeting with Kulkarni in car admitted:

87. RI< Anand filed his reply affidavit in response to the
notice issued by the Court on October 3, 2007. In paragraph H
1114 SUPREME COURT f'.EPORTS [2009] 11 S.C.R.

A B of the affidavit he denied, "each and every part of alleged
tape conversation and CDs produced before the Court in
response to order passed by this Court in relation to telecast
of BMW exposing thereby denying each part of the
conversation". He further stated that the whole tape was
B fabricated, distorted, edited in such a manner to tarnish his
image and to suit and project the TV channel's story in
particular manner.

In paragraph 'O' ·of the affidavit, however, he stated as
follows:
c
"O. That the Deponent was awfully busy in Court on
8.5.2007. He finished his arguments in a bride burning
case at 5.45 p.m. While he was sitting in his car, Sunil
Kulkarni made entry in the car. The Deponent was unwilling
D to talk and to allow him to sit in the car. The opening lines
would make it clear that the Deponent nevef wanted to talk
to Sunil Kulkarni. "

"Kulkarni:Kyon office mein, ghar pe bhi mat milo ....
E Anand:Yahan Kyon milto ho phir."

"After reaching office, the deponent had meeting with
clients i.e. Sanjeev Nanda and his father. Lovely had come
to meet Mr. Suresh Nanda. All the colleagues of the
F deponent and Nanda's were apprised of development in
the car about Sunil Kulkarni. After some time, the deponent
left the office. The deponent was informed that Lovely
offered to record the conversation of Kulkarni so as to trap
him. The deponent was informed later that not only Lovely
G was successful in recording the demand of Sunil Kulkarni
but Shri Bhagwan also recorded another conversation
subsequent to that of Lovely. The said conversation is
reproduced below."

88. This is followed by a transcript of some alleged
H conversation between Shri Bhagwan and Kulkarni.
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1115
[AFTAB ALAM, J.]
.~

89. In the above quoted paragraph there is plain and clear A
admission in regard to the second meeting taking place in the
car between RK Anand and Kulkarni on the evening of May 8,
2007. The statement made on oath before the High Court thus
completely falsifies his denial in the live interview with the anchor
of the TV programme about the second meeting with Kulkarni B
in the car. As to the later part of the paragraph regarding 'the
alleged sting on Sunil Kulkarni by Shri Bhagwan, we don't have
' the slightest doubt that it was an afterthought and concoction.
Had there been such a sting recording RK Anand was duty
bound to inform the High Court about it when the Criminal c
Revision against the trial court order summoning Kulkarni as
court witness was heard on several dates in May 2007 before
. the telecast of the programme by NDTV. He was equally duty
bound to inform the trial court about Kulkarni's approaches and
the sting done on him by Shri Bhagwan when Kulkarni was
D
examined before it on May 14, 17 & 29.

Referring to sting recordings to show innocence:

90. Further, interestingly, though calling the sting
recordings fabricated, manufactured, and distorted, he also E
relies on the very same sting recordings to make out some point
or the other in his defence. For example, in paragraph S of the
affidavit it is stated as follows:
.4

"S. That in fact, this alleged witness Sunil Kulkarni had
F
earlier attempted to meet the Respondent in his office. It
is a matter of chance that Shri Amod Kanth the then
Director General of Police, Arunachal Pradesh was
present with the Respondent in his office. Sunil Kulkarni
was rebuffed, rebuked and was asked to leave
Respondent's office in the presence of Shri Kanth. G

l>
Thereafter, Sunil Kulkarni was physically thrown out from
the office of Respondent. Shri Amodh Kanth also rebuked
him for his conduct.

This fact stands corroborated by the transcript in which it
"
H
1116 SUPREME COURT REPORTS [2009] 11 S.C.R.

A has been stated by Sunil Kulkarni as under:-

"Kul: mujhe koi to message nahi mil raha tha. Phir
panga yeh ho raha ki when u told me I don't want to
discuss
B (mujhe koi message naf-ii mil raha tha phir panga yeh
ho raha ki when u told me I c!on't want to discuss."

"Kul:"beech main aap par gussa ho gaya tha.

(Beech me aap par gussa ho gaya tha, aap ka koi
c neta log hain, ek aaddmi jisne mere ko aisa kheencha
tha).

Kul: vo aapka ek neta log hain ek Neta isne mereko
aisa Kheecha tha
D
(Ek neta tha usne mere kko aisa kheencha tha, aisa
kheencha tha, bola sahib ne milne ko manakar diya, bigar
gaya, kaha bhag jao, bhag jao, aisa bola)."

"From the above transcript, it is clear that the Respondent
E had no intention at any time to meet the said witness. He
was thrown out physically from the office of Respondent.
He was told not to meet the Respondent as they are not
interested in any one."

F Similarly in paragraph Z10 it is stated as follows:

"Z10 ....... The deponent has never tried or intended to
influence this witness so as to interfere in the course of
justice. On the other hand, deponent have rebuked and
rebuffed him & told him not to ask for any money. Rather
G
the witness was advised to 'speak the truth and not to
falsely implicate the Nanda's. Respondent has gone to the
extent of telling him to have fear from God since everyone
is answerable for his acts to God ........ "

H And again in paragraph 17 it is stated as follows:
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1117
[AFTAB ALAM, J.]

"17 ............. The deponent had no intention to discuss the A
subject matter of the case with Sunil Kulkarni. The
. discussion was started by Sunil Kulkarni b{alleging that;

Kul "kal kya mereko nikaal rahe
ho kya ... 311 se."
B
Anand: Karoon ...
r
Kulkarni· nahi

KulkarniNo, nahi nikalna
c
Kulkarni nahi, nahi, mat nikalna .. withdraw karva lo na
aap. Jab Main aapke saath ho jo marzi karne ke liya tyaar
ho to yeh kay ke liye High Court main lagwa diya
aapne ... mere upar aapko itna bhi bharosa nahin hain
kya .. theek hain gussa ho jata hoon main .... D

Kulkarni lekin aana hain depose karma hain."

"The aforesaid transcript of Sunil Kulkarni would clearly
indicate that he himself was suggesting that he is prepared
E
to make any kind of statement. It is not that the deponent
wanted him to make a statement in a particular manner. It
is not that the deponent was trying to influence the witness.
+ The witness had already taken a decision to make a
statement in a particular manner norat the instance of the
depo_nent." F

Further in Paragraph 23

"23 ......... The below noted conversation would
substantiate the stand of the deponent. G

"Kul: kitna mango.

Anand: chodo ... baat samjha kar. .. aadmi ki zindagi main
aur Shi bade kaam aate hain. Aisa nahi karte"
H
1118 SUPREME COURT REPORTS [2009] 11 S.C.R.

A 'The whole conversation about reasonableness was in the
form of an admonishment and advice so that no money is
demanded. If the deponent wanted to deal with the witness
or influence the witness or negotiate the terms of
settlement, at that point of time, the deponent could have
B discussed since the demand of 2.5 crores was already
allegedly made by the witness but categorically telling the
witness to not to talk about the money and reminding of
the relations would negate the discussion about the money
part in the whole transcript. The reference to the utterances
c by Sunil Kulkarni.

Kul: "isme bachana hain usko sanjeev ko ..

Anand: kabhi kisika bura mat kiya karo.

D Anand: Kabhi kisi ka bura nahin l<ara karo .. aisa bhala
karne se hi Aadmi ko acha xx .... kisii ko jhoota nahi
phasana chahiya .... nikal der1a chahiye ...

Anand: aage jake bhi bhagwan ko jawaab dena hota hain
yaar ... aage bhi jawaab ... kya fayda karne ... xxx ...
E
Anand: Bachane se phir bhi ache
rehta hain ... phasane me To bura kaam hota hain ... main
to kisi main interested hi nahin hoon."

First of all ... "
F
Further in paragraph 24

"24. That during the course of conversation and in view of
the past acquaintance Sunil Kulkarni had with the
G deponent, number of irrelevant statements were made by
the witness. One such part was in relation to Amodh Kanth.
The important conversation which came to light during the
course of the talks was;

"Uska koi taluk nahin. .phir bhi yeh amod kanth ke
H
j
(
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1119
.'- [AFTAB ALAM, J.]
' peeche kyon pada hua K.K.Paul." A

--< 91. He thus accepts the entire recordings in both the stings.
For, it is absurd even to suggest that the sting recordings are
true and correct if those are seen as supporting his
explanations (which, in any event, are quite un-statable!) but are
B
otherwise false and fabricated.

92. In a rearguard action Mr. Altaf Ahmed took us one by
y
one through all the paragraphs in different affidavits filed by RK
Anand in which the sting recordings were described as false,
fabricated, doctored, morphed and manipulated. But those c
allegations are simply not compatible with the other statements
in his affidavits as noted above and his responses in regard
to the sting operations at different times. The denials in the
affidavits are nothing more than ornamental pleas.
\ D
~ 93. We also see no substance in the anomalies and
alleged inter correlation in the sting recordings as pointed out
on behalf of RK Anand on the basis of the eight minute CD
which he got prepared from the materials suppllecfto him by
the Court. Along with the other materials we also viewed eight
E
minute CD produced by RK Anand. In the CD an attempt is
made to show that the frames in the sting recordings some
times jumped out of the sequence number alld such other

- ... technical flaws. The objections raised by RK Anand were fully
explained by the affidavit filed by Dinesh Singh on behalf of
NDTV. In the affidavit it was explained

"80 ... the alleged discrepancies in the CDs produced
F

before the Court and supplied to the appellants occurred
primarily due to conversion of the recorded material from
.
chips into CDs, via the intermediary medium of tapes.. Shri
Singh further explains the gap occurring at certain points
G

of the recording as due to displacement of the ear-plus
connector i.e. the device uses to attach the button lens and
the microphone with the recording device."
H
1120 SUPREME COURT REPORTS [2009) 11 S.C.R.
'
).
A 94. Mr. Altaf Ahmed also made the grievance that the High
Court failed to consider his defence. According to him NDTV
had conceived the sting operation as pre-empted measure
against Shri Anand, who was consulted in his professional
capacity in connection with a matter in which NDTV in collusion
B with one Mrs. Sumana Sain and IRS officer was indulging in
massive tax evasion. The materials in support of the allegations
and in particular RK Anand's connection with the matter are so
vague and tenuous that we don't consider it worthwhile to go
into that question.
c 95. On a careful consideration of the materials on record
we don't have the slightest doubt that the authenticity and
integrity of the sting recordings was never disputed or doubted
by RK Anand. As noted above he kept on changing his stand
in regard to the sting recordings. In the facts and circumstances
D of the case, therefore, there was no requirement of any formal
;,
proof of the sting recordings. Further, so far as RK Anand is
concerned there was no violation of the principles of natural
justice inasmuch as he was given copies of all the sting
recordings along with their transcripts. He was fully made aware
E of the charge against him. He was given fullest opportunity to
defend himself and to explain his conduct as appearing from
the sting recordings. The High Court viewed the microchips
used in the spy camera and the programme telecast by TV
channel in his presence and gave him further opportunity of
F hearing thereafter. The sting recordings were rightly made the
~
...
basis of conviction and the irresistible conclusion is that the
conviction of RK Anand for contempt of court is proper legal
and valid calling for no interference.

IU KHAN'S APPEAL
G
96. The sting on IU Khan was done on April 28, 2007 in
-,'
one of the lawyers' chambers at the Patiala House court
premises. The video CD begins by showing Poonam Agarwal
fixing the recording device and the button camera on Kulkarni's
H
,.
-~

R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1121
[AFTAB ALAM, J.]
... person sitting inside the car. Then Kulkarni and Deepak Verma A
together enter the Patiala House. They move around in the court
' premises for a long time till just before the lunch recess they
are able to find IU Khan sitting in someone else's chamber. The
chamber seems to be quite crowded with people all the time
coming and going away. The first exchange of greetings B
between IU khan and Kulkarni as he, accompanied with
Deepak Verma, enters into the chamber is not audible. But then
r IU Khan is heard describing Kulkarni, in a general sort of
introduction to those present there, as 'the prime witness in the
BMW case', 'star witness' 'a very public spirited and devoted c
man' etc. Kulkarni starts chatting with him about the summons
issued to him by the court in the BMW case. In the meanwhile
someone else comes into the chamber. IU Khan greets him
loudly and starts talking to him. After a while, on Kulkarni's
request, both IU Khan and Kulkarni come out of the chamber D
}.
and some conversation between the two takes place outside
the chamber. After the meeting is over Kulkarni and Deepak
Verma together return back. As the recording devices carried
by them are still on the conversation that takes place between
the two is naturally recorded. Kulkarni does not allow Deepak
E
Verma to go directly to the TV Channel's vehicle parked outside
the Court premises where Poonam Agarwal would be waiting
for their return, saying that they are bound to be followed.
Instead, they take an auto-rickshaw and go to Pargati Maidan
-1 .... at a short distance from the court. From there they contact
Poonam Agarwal on mobile phone, who goes there and joins F
them and de-wires Kulkarni.

Only partial transcript of the sting recording submitted to
Court:
G
97. The recording of this sting operation is more than an
--;
hour long. But the transcript of this sting recording submitted
to the Court by NDTV is confined only to the exchange between
IU Khan and Kulkarni. In the absence of the full transcript it
becomes difficult and cumbersome to see what transpired H
1122 SUPREME COURT REPORTS [2009] 11 S.C.R.

A between Kulkarni and Deepak Verma immediately before and
after the meeting with their subject. In our view that part of the
sting recording was also highly relevant and important for
judging the true import of the exchange that took place between
Kulkarni and IU Khan. We are surprised that the High Court did
B not notice this big omission in the transcript of the first sting
and we record our disapproval of NDTV in withholding the full
transcript of the sting recording.
;

Full transcript/recording of IU Khan's interview by TV
C channel on May 31, 2007 not on record:

98. Further, it is noted above that in the morning of May
31, 2007 one Anusuya Roy, a reporter from NDTV had
interviewed IU Khan at his residence for his response to the
programme telecast the previous evening. The interview was
D telecast live from around 8 to 8.23 in the morning. But that was
the only time the full interview was shown and later only one *
statement made by IU Khan in course of the interview was
incorporated in the programmes telecast in the evening of May
31. What is more significant, however, is that NDTV did not
E present before the High Court either the full recording of the
interview or its transcript-and what we find on the High Court
record is only the statement that was used in the programmes
telecast on May 31, 2007 and, that runs as follows;

"IU Khan: I am not denying anything at all, I am not denying _.
F it but the interpretation, meaning and inferences which
were drawn are totally wrong, unfounded and totally
inconsonance (sic) with the actual record that I am
producing before you. Kulkarni also has used the word
'Bade Saheb' means the big officer, high officer of the
G police headquarter. In his deposition in the court also· he
had used the word Bade Saheb twice and when the
explanation was sought, he explained that by bade saheb ~
I mean senior officer of the police headquarter, it was
unconnected to Mr. R.K. Anand as it has been wrongly,
H
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1123
[AFTAB ALAM, J.]

mischievously and calculatedly projected by you people." A

Confusion in submitting copies of sting recording to High
Court:

99. Yet again, there is serious confusion about the
production of the recording of the first sting on the microchip B
of the spy camera carried by Kulkarni before the High Court. It
is noted above that on June 1, 2007 three chips and five CDs
r were produced before the trial court. Those were returned back
because in the meanwhile the proceeding was initiated by the
High Court. On June 2, 2007 six CDs were submitted before C
the High Court. On that date Poonam Agarwal stated before
the Registrar that one of the CDs (marked '1 ')was edited and
the other five CDs (marked '2' to '6') were unedited. She also
said that NDTV news channel did not have any other material
in connection with the sting operation in question. On June 6, D
f. 2007 she submitted the transcripts of the recordings. In the
statement made on that date she said that she had earlier
submitted six CDs. Those CDs were duplicated from four spy
camera chips which were recorded on different occasions.
After copies of the CDs were given to the proceedees as E
directed in the order dated August 7, 2007 issuing show cause
notices to them, a grievance was made before the Court that
they were supplied only five CDs, though the number of CDs
~ submitted before the High Court was six. It was then explained
on behalf of NDTV that the contents of two CDs were copied F
onto a single one and thus the number of CDs was reduced
from six to five. It was of course stated that a fresh set of six
CDs each would again be supplied to all the three proceedees.
The High Court apparently accepted the explanation given by
NDTV (High Court order dated 24.9.2007). But the lapse was G
far more serious as would appear from the affidavit dated
~ October 1, 2007 filed by Poonam Agarwal to explain the
position. In her affidavit she stated that in the first sting (on IU
Khan) two spy cameras were used, one carried by Kulkarni and
the other by Deepak Verma. The recording of the first sting was H
1124 SUPREME COURT REPORTS [2009] 11 S.C.R.

A thus on two microchips one in Kulkarni's camera and other in
the bag camera of Deepak Verma. In the other three stings
there was a single spy camera carried by Kulkarni, on each
occasion having a fresh microchips. Thus for all the four stings
a total number of five chips were used. The contents of the
B microchip in Kulkarni's spy camera used for the first sting (on
IU Khan) were copied onto magnetic tape and then to a CD.
That microchip was then reformatted for other uses. The other
four microchips were available in their original and undisturbed 1
condition. For preparation of the programme telecast on May
.
c 30 the contents of all the five chips, including the one that was
reformatted, were used. However, the five unedited CDs
(marked '2' to '6') that were submitted before the High Court
on June 2, 2007 were copies from the four microchips that had
remained in their original and undisturbed condition. The sixth
CD (marked as '1') was the copy of the programme that was
D
telecast. The recording on the microchip in Kulkami's camera
used for the first sting operation, though available on
•
magnetic tape and CD was not submitted to the High Court
because the microchip itself was reformatted. She further
stated that while supplying CDs to the noticees in pursuance
E to the direction of the Court, "a mistake occurred in that, one
of the CDs given to the noticees (sic) was not taken from the
"four chips but the CD which is a copy of the formatted chip
containing the recording done by Mr. Kulkarni". She further
~
stated that a CD made from the mother tape of the formatted
F chip was being filed along with the affidavit before the High
Court.

100. What follows from the affidavit may be summarised
as follows; (I) the conduct of NDTV before the High Court in a
G vary serious proceeding was quite cavalier and causal. (II) At
the time the High Court issued show cause notices to the three
proceedees it did not have before it the recording on one of •
the five microchips used in the sting operations. (Ill) The
---1
materials given to the proceedees along with show cause
H notice were not exactly the same as submitted before the High
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1125
[AFTAB ALAM, J.]

Court. (IV) The explanation in the form of Poonam Agarwal's A
affidavit came on October 1, 2007 on the same day when IU
Khan filed his reply affidavit in response to the show cause
notice.

101. In those circumstances it was not wrong for IU Khan
B
to state in paragraphs 14 and 15 of his memorandum of appeal
as under:

"14 .... This finding is again against the material on record
as the original chip of the button camera carried by Mr.
Kulkarni was formatted by the NDTV in violation of the C
direction issued by the Hon'ble Court. This part of the
conversation is not available in the transcript of the bag
camera."

"15. Because the CD of the button camera firstly cannot D
be relied upon as it was filed after the reply was filed by
the appellant on 1.10.2007 ... "

Lapses have no effect on RK Anand's case or even on
case of IU Khan:'
E
102. We have recounted here some of the noticeable
lapses committed by NDTV in the proceedings that were
overlooked by the High Court. Having regard to seriousness
of the proceeding we should have wished that it was free from
such lapses. But it needs to be made absolutely clear that the F
irregularities pointed out above were in regard to the first sting
concerning IU Khan. These in no way affect RK Anand or alter
his position. The discussions and findings recorded above in
respect of RK Anand thus remains completely unaffected by the
mistakes pointed out here. G
103. Further, having regard to the, defence taken by IU
Khan the aforementioned lapses do not have any material affeet
on his case either. But before proceeding to examine his
defence and how the High Court dealt with it, it would be
H
1126 SUPREME COURT REPORTS [2009] 11 S.C.R.

A necessary to see what conversation is shown to have taken
place in the sting recordings between Kulkarni and IU Khan.

THE EXCHANGE BElWEEN KULKARNI & IU KHAN:

Khan: Meet Kulkarni, he is the prime witness in the BMW
B case. He is our star witness and he is a very public spirited
and devoted man and incidentally, he was in Delhi on the way/
day when this unfortunate incident happened. He was going
1
on foot to the Nizamuddin Railway Station.

c A BIT FOLLOWS THAT IS HARD TO UNDERSTAND
Kulkarni: Mein barbad ho gaya, sir.
Khan How?
Kulkarni: This particular thing is only you and myself are
D aware of. But I am not aware of anything, anything.
~
I don't want to go again with that particular guy. I lost
my mother, I don't know where my father is. I'm just
roaming around for 8 years. ~b yeh mujhe kyun
bu/aya gaya hai?
E Khan Ab court ne (coughs) we dropped you .... court ne
(unclear)
Kulkarni: No, no you .... / think the state told you to drop, right,
if I'm not wrong?
F Khan These were the instructions I received from the
Headquarters and that's why I got the SHO
statement recorded that "on the instruction of the
SHO and the ACP, such and such witness has
been dropped". Then how can I make a statement?
G My clients are Delhi Police. Whatever instructions
they will give, I will act upon it. I was very keen to
f
examine you.
. Kulkarni: Ya, I know that because I still remember, still
remember.
H
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1127
[AFTAB ALAM, J.]
·- Khan lnhone mera haath dabaya xxxbhi dabaya, khoob A
dabaya, maine kaha main kya karoo, agar
• individual client ho to samjha bhi lo, department
hai.
Khan Bade Sahab se mile? Nahi mile? Mulakat hi nahi
hooyi? B

Kulkarni: Ab yeh kya jhanjhat aur?
(
Khan Nahi nahi kuch nahi hoga, ab High Court mein
... unhone petition file kar di hai ki Kulkarniki statement
xxxxxxx. c
Kulkarni: To woh record karenge nahi na?
h Khan Nahi.
Kulkarni: Pakka?
D
+ Khan Tum mauj karo ... hum ... humne drop kar diya, court
ko kya ... who is he is to say that it should be
recorded.
Someone : Investigation to court kar sakta hai, pur mode· of ·
investigation to determine nahi kar sakta. E
Khan Exactly, they cannot decide the mode of
investigation
}
SOMEBODY ENTERS THE CHAMBER
F
Kulkarni: Khan Sahab, ek minute, chafe jata hoo, mein sham
to ghar pe xxxxaa jaon ga.
Khan Ha, ha who to ana hi hai, ghar pe nahi xxx
Kulkarni: Who to abhi di/Ii mein aya hoo to aya hoo, ek
G
second.
l
Khan In Delhi, you're our guest.
Kulkarni: lnka nahi!
Khan Na inke nahi. H
1128 SUPREME COURT REPORTS [2009] 11 S.C.R.

A Khan Aapka aur hamara personal effort/rapport (not •
clear) hai
Kulkarni: Who to alag hi baat hai. ..
Khan Aur, bhai yaar thanda peeke jana.
B Kulkarni: Nahi thanda nahi, bus ek second khali, kyonki wahi
xxxx
THEY COME OUT OF THE CHAMBER AND TALK

-
)

Kulkarni: Summons Bombay cha/la gaya thaa, ab waha se
c reject ho ke ayaa hua hai. Ab loon ken na loon?
Baad me mere ko raat ko ghar pe (Mr. Khan cuts
in)
Khan Tum mere ko miloge kab, yeh batao?

D Kulkarni: Aap batao kyonki mere ko .... SHO se meri baat
hui hai. Aap usko ... (Mr. Khan cuts in)
Khan Tum thehre kahan ho?
Kulkarni: Main to thehre hoo out of Delhi.
E Khan Out of Delhi?
Kulkarni: Out of Delhi, Haan.
Khan Sham ko keh baje aaoge?
Kulkarni: Aaj nahi aaonga ... mein kal zarror ... shamko. "'
F
Sunday aaram reheat hai aur.. ..
'
Khan Sunday ko kis waqt aaoge?
Kulkarni: Aap batao mere ko.
G Khan Aapko suit kaunsa time karta hai?
Kulkarni: Kai bhi.
•
Khan Saat aur aath ke darmiyan?
Kulkarni: Hann, theek hai.
H
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT . 1129
[AFTAB ALAM, J.]
Khan Kalxxx A
Kulkarni : Lekin kisi ko bhi batao mat.
Khan Nahi ji, sawal hi paida nahi hota yaar.
Kulkarni: Na, na.
B
Khan : Aur tumhare /iye bahut badiya scotch rakhi hui
haixxxx
Kulkarni: Scotch..laughs
..,. .
Khan Bahut badiya xxxx c
Kulkarni: Acha baki sab khairyat sahib?

-- Khan Sab khairyat xx.Khuda ka xxx
Kulkarni: Chalo, kal mulaqat hogi
D
Kulkarni: Ok, main ... (Mr.Khan cuts in)
Khan Saat aur aath ke danniyan
Kulkarni : Main, vese meri K K Paul se baat hui hai, lekin
maine abhi tak nahin bola hoo I have not
received summons at all. Woh mere ko bata E
dena.
Khan Kai tum aajao
Kulkarni: Main ... Huh? Woh hamare dona ki baat hogi,
F
Khan : Theek hai.

104. After this Kulkarni and Deepak Verma return back.
As walking along they naturally talk about the sting done by
them together.
G
105. As we shall see presently much depends on what IU
Khan meant when he asked Kulkarni whether he had met 'Bade
Saheb'.

106. As noted above IU Khan does not deny the H
1130· SUPREME COURT REPORTS [2009) 11 S.C.R.

A conversation that is shown to have taken place between him
and Kulkarni. In his first response, that is, in the interview given
to NDTV on the morning following the telecast he said that he
did not deny anything at all, he did not deny (the utterances)
but the inferences sought to be drawn were totally unfounded
B and wrong. When he said 'Bade Saheb' he meant some high
officer in the police headquarter. He also said that was the way
Kulkarni used to refer to superior officers in the police
headquarter(s) and that is how he had referred to them in his
deposition before the trial court. When the trial court asked
c Kulkarni to clarify he explained that Bade Saheb meant a
superior officer of the police headquarter. The words Bade
-
Saheb, according to IU Khan, did not in any way refer to RK
Anand.

107. And this was broadly his defence before the High -
D Court.

High Court dealing with IU Khan Defence:

108. The High Court did not accept his defence. The High
Court held that there was great familiarity between IU Khan,
E
Kulkarni and RK Anand. In this regard it observed as follows;

"We have noted above that there are several references
to Mr. Khan in the conversations of Mr. Kulkarni with Mr.
Anand. We cannot overlook these since they suggest a
F tacit arrangement or at least an understanding between
Mr. Khan, Mr. Anand and Mr. Kulkarni".

109. In coming to this conclusion, as is evident from the
above quoted observation the High Court relied a great deal
G upon the conversations between Kulkarni and RK Anand (vide
paragraphs 196, 197 & 198 of the High Court Judgment).

110. The High Court further held that when IU Khan asked
Kulkarni whether he had met 'Bade Saheb' he only meant RK
Anand. It rejected IU Khan's stand that what he meant by the
H
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1131
[AFTAB ALAM, J.]
expression was a senior police officer. The High Court observed A
that no material was produced on behalf of IU Khan in support
of the statement that in course of his deposition befc~e the trial
court Kulkarni used the expression 'Bade Saheb' to mean a
senior police officer. It further observed that in the sting
operation, just before the conclusion of the meeting, Kulkarni B
had said that he had met K.K. Paul (who was then the Police
Commissioner). The passage referred to is as follows;
f
"Kulkarni: Main, vese meri K K Paul se baat hui hai, lekin
maine abhi tak nahin bola hoo I have not received
summons at all. Wah mere ko bata dena". c
111. This, according to the High Court, clearly showed that
Kulkarni referred to the Police Commissioner by his name and
not by the expression 'Bade Saheb'. High Court further
observed that for Kulkarni there was no reason to meet the D
senior police officers particularly when he was dropped as
prosecution witness. There was nothing to suggest that while
in Delhi Kulkarni used to meet the senior police officers. On
the other hand there was sufficient evidence to show that he
was very familiar with both IU·Khan and RK Anand, had easy E
access to both of them and used to frequently meet them. The
High Court then took up Kulkarni's affidavit that supported IU
Khan's plea that by the expression he had meant some senior
police officer and not RK Anand and rejected it on a number
+ of grounds.
F
112. After giving the reasons for rejecting the stand of IU
Khan the High Court held that Bade Saheb was none else then
RK Anand observing as follows;

"190. On the other hand, when we watched the recording G
of the events of 28th April, 2007 from the button camera,
) we noted that towards the end of the recording, Mr.
Deepak Verina asked Mr. Kulkarni ab0ut the identity of
Bade Saheb and Mr. Kulkarni responded by saying that
it is Mr. Anand. There is no suggestion that this part of the H
1132 SUPREME COURT REPORTS [2009] 11 S.C.R.

A video recording is doctored or morpheq ..... .".

(emphasis added)

113. The High Court further observed that as IU Khan was
fully aware that Kulkarni, a prosecution witness was on highly
B familiar terms with a senior defence lawyer RK Anand, he was
obliged to inform the prosecution about it and by not doing so
he clearly failed in his duty as a prosecutor who was expected
to be fair not only to his client but also to the Court. His conduct

c
was, therefore, plainly unbecoming of a prosecutor. The High
Court then proceeded to consider whether the conduct of IU --
Khan amounted to a criminal contempt of court. In this regard
the Court refers to the conversation between IU Khan and
Kulkarni taking place outside the chamber in which a second
meeting was fixed up for the following evening with IU Khan
D giving Kulkarni the inducement of good scotch whisky. From
the exchange between the two the court inferred that the extent
of familiarity between the two was rather more than normal. IU
Khan was aware that Kulkarni was on equally, if not more
familiar, terms with RK Anand. Coupled with this his failure to
inform the prosecution or the Court about the connection
E
between Kulkarni .and RK Anand had the potential and the
tendency to interfere or obstruct the natural course of the BMW
case and certainly the administration of justice, particularly
when Mr. Khan himself described Mr. Kulkarni as the prime
witness in the BMW case and the 'star witness of the
F
prosecution'. Finally the court held

"207. Under these circumstances, we are left with no
option but to hold that Mr. Khan was quite familiar with Mr.
Kulkarni; Mr. Khan was aware that Mr. Kulkarni was in touch
G with Mr. Anand; Mr. ~\han was not unwilling to advise Mr.
Kulkarni or at least discuss with him the issue of accepting
the summons sent by the trial court to Mr. Kulkarni. We also
have no option but to hold that Mr. Khan very seriously
erred in not bringing important facts touching upon the
H
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1133
[AFTAB ALAM, J.]
)...
BMW case to his client's notice, the prosecution. The error A
is so grave as to make it a deliberate omission that may
have a very serious impact on the case of the prosecution
in the Trial court. Consequently, we have no option but to
hold Mr. Khan criminally liable, beyond a shadow of doubt,
for actually interfering, if not tending to interfere with the due B
course of the judicial proceeding, that is the BMW case,
and thereby actually interfering, if not tending to interfere
with the administration of justice in any other manner".
·, Submissions on behalf of IU Khan:
c
114. Mr. P. P. Rao, learned Senior Advocate appearing
for IU Khan mainly submitted that even if the sting recording is
accepted as true, on the basis of the exchange that took place
between his client and Kulkarni it cannot be said that he acted
in a way or colluded in any action aimed at interfering or tending D
• to interfere with the prosecution of the accused in the BMW
case or interfering or tending to interfere with or obstructing or
tending to obstruct the administration of justice in any other
manner. He further submitted that the findings of the High Court
were based on assumptions that were not only completely E
unfounded but in respect of which the appellant was given no
opportunity to defend himself. The High Court held the appellant
guilty of committing criminal contempt of court referring to and
relying upon certain alleged facts and circumstances that did
• not form part ofthe notice and in regard to which he was given F
no opportunity to defend himself. Mr. Rao submitted that along
with the notice· issued by the High Court the appellant was not
given all the materials concerning his case and he was thus
handicapped in submitting his show cause. He further
submitted that the High Court erroneously placed the case of G
his client at par with RK Anand and convicted him because RK
Anand was found guilty even though the two cases were
• completely different. Mr. Rao was also highly critical of the TV
channel. He questioned the propriety of the sting operation and
the telecast of the sting programme concerning a pending trial
H
1134 SUPREME COURT REPORTS [2009] 11 S.C.R.

A and involving a court witness without any information to, much
less permission by the trial court or even the High Court or its
Chief Justice. Mr. Rao submitted that when Kulkarni first
approached Poonam Agarwal she thought it imperative to first
obtain the approval of her superiors before embarking upon the
B project, but it did not occur to anyone, including her superiors
in the TV channel to obtain the permission or to even inform at
least the Chief Justice of the Delhi High Court before taking
up the operation fraught with highly sinister implications. Mr.
Rao also assailed the judgment coming under appeal on a
c number of other grounds.
SUBMISSIONS CONSIDERED:

115. We have carefully gone through all the materials
concerning IU Khan. We have perused the transcript of the
D exchange between Kulkarni and IU Khan and have also viewed
the full recording of the sting several times since the full
transcript of the recording is not available on the record.

IU Khan's conduct quite improper:
E 116. We have not the slightest doubt that the exchange
between Kulkarni and IU Khan far crosses the limits of proper
professional conduct of a prosecutor (especially engaged to
conduct a sensational trial) and a designated Senior Advocate
of long standing. We are not prepared to accept for a moment
F that on seeing Kulkarni suddenly after several years in the
company of a 'burly stranger' (Deepak Verma) IU Khan
became apprehensive about his personal safety since in the
past some violent incidents had taken place in the court
premises and some lawyers had lost their lives and
G consequently he was simply play-acting and pampering
Kulkarni in order to mollify him. The plea is not borne out from
the transcript and much less from the video recording. In the
video recording there is no trace of any fear or apprehension
on his face or in his gestures. He appears perfectly normal and
H natural sitting among his colleagues (and may be one or two
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1135
[AFTAB ALAM, J.]

clients) and at no point the situation appears to be out of his A
control. As a matter of fact. we feel constrained to say that the
plea is not quite worthy of a lawyer of IU Khan's standing and
we should have much appreciated had he simply taken the plea
of an error of discretion on his part.
B
117. Coming back to the exchange between IU Khan and
Kulkarni, we accept that the transcript of the exchange does
not present the accurate picture; listening to the live voices of
the two (and others present in the chamber) on the CD gives a
more realistic idea of the meeting. We grant everything that can
be said in favour of IU Khan. The meeting took place without
c
any prior appointment from him. Kulkarni was able to reach him,
unlike RK Anand, without his permission or consent. IU Khan
did not seem to be overly enthused at the appearance of
Kulkarni. Accosted by Kulkarni, he spoke to him out of civility
and mostly responded only to his questions and comments. D
~
There were others present in the chamber with whom he was
equally engaged in conversation. He also greeted someone
else who came into the chamber far more cheerfully than
Kulkarni. But the undeniable fact remains that he was talking
to him all the time about the BMW trial and the related E
proceedings. Instead of simply telling him to receive the
summons and appear before the court as directed, IU Khan
gave reassurances to Kulkarni telling him about the revision
"'" filed in the High Court against the trial court's order. He advised
him to relax saying that since he had dropped him (as a F
prosecution witness) the court was no one to ask for his
statement. The part of the exchange that took place outside the
chamber was worse. Inside the chamber, at one stage, IU Khan
seemed even dismissive of Kulkarni but on coming out he
appeared quite anxious to fix up another meeting with him at G
his residence giving promising good Scotch whisky as
• inducement. IU Khan would be the first person to deny any
friendship or even a long acquaintanceship with Kulkarni. The
only common factor between them was the BMW case in which
one was the prosecutor and the other was a prosecution H
1136 SUPREME COURT REPORTS [2009] 11 S.C.R.

A witness, later dropped from the list of witnesses. A lawyer,
howsoever, affable and sociable by disposition, if he has the
slightest respect for professional ethics, would not allow himself
such degree of familiarity with the witness of a criminal trial that
he might be prosecuting and would not indulge with him into the
B kind of exchange as admittedly took place between IU Khan
and Kulkarni. We are also not prepared to believe that in his
conversation with Kulkarni, IU Khan did not mean what he was
saying and he was simply trying to somehow get rid of Kulkarni.
The video of the sting recordings leaves no room for doubt that
IU Khan was freely discussing the proceeding of BMW case
c with Kulkarni and was not at all averse to another meeting with
him rather he was looking forward to it. We, therefore, fully
endorse the High Court finding that the eonduct of IU Khan was
inappropriate for a lawyer in general and a prosecutor in
particular.
D
CRIMINAL CONTEMPT???

118. But there is a wide gap between professional
misconduct and criminal contempt of court and we now proceed
E to examine whether on the basis of materials on record the
charge of criminal contempt of court can be sustained against
IU Khan.

119. The High Court held that there was an extraordinary
;..
degree of familiarity between IU Khan, Kulkarni and RK Anand
F and each of them knew that the other two were equally familiar
with each other. So far as BMW trial is concerned Kulkarni was
a link between IU Khan and RK Anand. IU Khan, by reason of
his familiarity both with RK Anand and Kulkarni would also know
about the game that was afoot for the subversion of the trial.
G He failed to inform the prosecution and the court about it and
his omission to do so was likely to have a very serious impact
on the trial. He was, therefore, guilty of actually interfering with ..
due course of judicial proceeding, in the BMW case.

120. In the two sting recordings concerning RK Anand
H
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1137
[AFTAB ALAM, J.]
_._
there are ample references to IU Khan to suggest a high A
degree of familiarity between the three. But in the sting on IU
Khan the only words used by him that might connect him to RK
Anand through Kulkarni are 'Bade Saheb'. If 'Bade Saheb'
referred to RK Anand, the involvement of IU Khan needs no
further proof. The question, however, is whether that finding can B
be safely arrived at.

121. Now, what are the materials that might suggest that
while asking Kulkarni whether he had met Bade Saheb, IU
Khan meant RK Anand. Apart from the piece of conversation
between Deepak Verma and Kulkarni when they were returning
c
after meeting with IU Khan, relied upon by the High Court, there
is another material, for whatever its worth, that doesn't find any
mention in the High Court judgment. It is Kulkarni's statement
in his interview recorded at the NDTV studio. He said as
follows; D
'
"He (IU Khan) directed me to Mr RK Anand is in that video
you can find 'Bade Saheb'. He meant that Mr. RK Anand."

122. We mention it only because it is one of the materials E
lying on the record. Not that we rely on it in the least. Having
known the conduct of Kulkarni throughout this episode as
discussed in detail in the earlier part of the judgment it is
.i·
impossible to rely on this statement and we don't even fault the
High Court for not taking any note of it.
F
123. The only other positive material in this regard is the
one referred to by the High Court. The High Court obseNed that
towards the end of the recording by the button camera, "Mr.
Deepak Verma asked Mr. Kulkarni about the identity of Bade
Saheb and Mr. Kulkarni responded by saying that it is Mr. G
Anand." But the reference by the High Court to that particular
piece of conversation between Deepak Verma and Kulkarni is
neither complete nor accurate. We have noted earlier that the
transcript submitted to the High Court by NDTV was incomplete
and it covered only the exchange between Kulkarni and IU Khan. H
1138 SUPREME COURT REPORTS [2009] 11 S.C.R.

A If the High Court had before it the full transcript of the entire
recording it might have taken a different view. We have viewed
the CD labelled as "Button Spy cam Recording done by Sunil
Kulkarni. IU Khan Sting Operation" a number of times and we
find that on the way back after meeting IU Khan, Kulkarni was
B being quite voluble. He spoke to Deepak Verma and gave him
some instructions. A part of their conversation, relevant for our
purpose is as follows:

EXCHANGE BETWEEN KULKARNI & DEEPAK VERMA:
-
c Kulkarni: Humming some tune
Kulkarni: Don't go to car directly. We'll take an
auto
Deepak Verma: Take an auto?
D Kulkarni: Haan. Thoda sa aage cha/en ge
Kulkarni: Aap ne suna nahin? "Bade Saheb se
mile ya nahin?"
Deepak Verma: Haan
E
Kulkarni: Ab dekho ka/ you will get [unclear..]
you what you want
Deepak Verma: Kai aap Bade Saheb se milne ja rahe
hain? "
F
Kulkani: Na, Haan unke ghar pe. No, you don't
have to come. You just come and stay
outside. Theek hai na?
{unclear ... ] Haan ab to aap ke samne hua sab kucchh
G Deepak Verma: Bade Saheb woh hai, Anand?
Kulkarni: Hmm.
Noise of some auto/heavy vehicle engine

H Deepak Verma: [Unclear .. .] Ek baar iska Photograph
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1139
[AFTAB ALAM, J.]

le in .... /ska photograph aaya ki nahin A
aaya?
... Kulkarni: Aaya. Aaya, aaya.
Kulkarni: Pukka trail hoga hamara. Hundred
percent Tail hoga. B
Deepak Verma: Police Waale ko kaise kah raha tha
who? Gaadi Dilwao

yaar..

124. From the manner of speaking Kulkarni appeared to
be giving the impression that everything went off according to
the plan. He also tended to be slightly melodramatic. (He would
not go to the car directly because they were bound to be D
followed!)

125. Now, while examining what Kulkarni understood or
rather what he wanted Deepak Verma to believe what was
meant by 'Bade Saheb' it is necessary to bear in mind that the E
whole object of the sting was to uncover the alleged unholy
alliance between the defence and the prosecution. It was based
on the premise that the prosecution was colluding with the
defence in the effort to save the accused in the BMW case. In
that situation for Kulkarni, who for his own reasons was anxious F
to get NDTV's help for doing the sting, it was natural to find out
and show to Deepak Verma some link between IU Khan and
RK Anand irrespective of whether or not there was, in reality,
any link between the two. There is no way to find out whether
Kulkarni really believed that by 'Bade Saheb' IU Khan meant
RK Anand (Like everything else even on this issue he changed G
his stand from time to time!) or he just wanted Deepak Verma
to believe so. But even if Kulkarni really understood Bade
Saheb to mean RK Anand, that would not change the position
much. For our purpose it is not impor:tant what Kulkarni or
H
1140 SUPREME COURT REPORTS (2009] 11 S.C.R.

A Deepak Verma or any one else understood (truthfully or
otherwise!) by that expression. One may use an expression to
mean a certain thing but to the listener it may mean something
quite different. What is important here is to judge what IU Khan
meant when he used that expression. In our view, on the basis
-
B of the exchange between Kulkarni and Oeepak Verma, it will
be highly unsafe to hold that when IU Khan asked Kulkarni
whether he had met "Bade Saheb' he meant RK Anand.

126. The High Court rejected IU Khan's explanation that
what he meant by 'Bade Saheb' was some senior officer in the
C police headquarter. According to IU Khan, Kulkarni was in the
habit of directly approaching the superior police officers and
he would refer to them by that expression. In support of the plea
in his reply affidavit (paragraph 12) IU Khan stated as follows:

o· "Even during the course of his deposition in court Mr. S.
Kulkarni had used the expression "Bade Sahab" while
referring to the higher police officers. The Ld. trial court also
translated the same in English while recording the
statement as "higher police officers". In the cross-
E
examination Mr. S. Kulkarni has stated "I had voluntarily
gone to the higher police officers of the police
headquarter"".

The High Court rejected the aforesaid plea observing as
follows;
F
"It was further submitted that during the recording of Mr.
Kulkarni's evidence on an earlier occasion, a reference to
Bade Saheb was made more than once. "Bade Saheb"
was then translated and recorded in the deposition to mean
G senior police officers. Learned counsel for Mr. Khan,
however, did not produce any material to support the last
submission".

(emphasis added)

H
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1141
[AFTAB ALAM, J.]

127. Mr. P. P. Rao submitted thatthe approach of the High A
Court was quite unfair. The proceeding before the High Court
was not in the nature of a suit or a criminal trial. In response to
the notice issued by the Court the appellant had made a positive
statement in his reply affidavit. The statement was not formally
traversed by anyone. There was, therefore, no reason for the B
appellant to assume that he would be required to produce
evidence in support of the statement. In case the High Court
felt the need for some evidence in support of the averment it
should have at least made it known to the appellant. But the
High Court without giving any inkling to the appellant rejected c
the plea in the final judgment. The appellant was thus clearly
denied a proper opportunity to defend himself. We find that the
submission is not without substance. The proceeding before
the High Court was under the Contempt of Courts Act and the
High Court was not following any well known and well D
established format. In that situation it was only fair to give notice
to the proceedees to substantiate the pleas taken in the reply
affidavit by leading proper evidence. It must, therefore be held
that the High Court rejected a material plea raised on behalf
of the IU Khan without giving him any opportunity to substantiate E
it.

128. Further, as noticed above, the High Court, for arriving
at the finding that there was a high degree of familiarity among
IU Khan, Kulkarni and RK Anand has repeatedly used the
transcripts of the meetings between Kulkarni and RK Anand. It F
is indeed true that in the exchanges between Kulkarni and RK
Anand there are many references to IU Khan. That may give
rise of ,a strong suspicion, of a common connection between
the three. But having regard to the charge of criminal contempt
any suspicion howsoever strong cannot take the place of proof G
and we don't feel it wholly prudent to rely upon the exchanges
between Kulkarni and RK Anand to record a finding against IU
Khan.

129. Further, according to the High Court, the essence of H
1142 SUPREME COURT REPORTS [2009] 11 S.C.R.

A culpability of IU Khan was his omission to inform the
prosecution and the Court "that one of its witnesses was more
than an acquaintance of defence lawyer".

130. Mr. P. P. Rao submitted that the High Court convicted
the appellant for something in regard to which he was never
8
given an opportunity to defend himself. From the notice issued
by the High Court it was impossible to discern that the charge
of criminal contempt would be eventually fastened on him for
his failure to inform the court and the prosecution about the way
Kulkarni's was being manipulated by the defence. Mr. Rao
C further submitted that the reason assigned by the Court to hold
the appellant guilty was based purely on assu~ption. The
appellant was given no opportunity to show that, as a matter of
fact, after Kulkarni met him at the Patiala House on April 28,
2007 he had informed the concerned authorities that after being
D summoned by the court Kulkarni was back to his old tricks. He
further submitted that the appellant, given the opportunity, could
also show that the decision to not examine him as one of the
prosecution witnesses was taken by the concerned authorities
in consultation with him. We find substance in Mr. Rao's
E submission.

131. In our considered view, on the basis of materials on
record the charge of criminal contempt cannot be held to be
satisfactorily established against IU Khan. In our opinion he is
F entitled to the benefit of doubt.

PROCEDURE FOLLOWED BY THE HIGH COURT:

132. A lot has been argued about the procedure followed
by the High Court in dealing with the matter. On behalf of RK
G Anand it was strongly contended that by only asking for the
copies of the original sting recordings and allowing the original
microchips and the magnetic tapes to be retained in the custody
of NDTV the High Court committed a serious and fatal lapse.
Mr. Gopal Subramanium also took the view that though the final
H judgment passed by the High Court was faultless, it was
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1143
[AFTAB ~LAM, J.]

nevertheless an error on its part to leave the original sting A
recordings in the safe custody of the TV channel. On principle
and as a matter of proper procedure, the Court, at the first
instance, ought to have taken in its custody all the original
electronic materials concerning the stings.
B
133. At first the direction of the High Court leaving the
microchips containing the original sting recordings and the
magnetic tapes with the TV channel indeed appears to be
somewhat strange and uncommon but a moment's thought
would show the rationale behind it. If the recordings on the
microchips were fake from the start or if the microchips ·were C
morphed before notice was issued to the TV channel, those
would come to the court in that condition and in that case the
question whether the microchips were genuine or fake/morphed
would be another issue. But once the High Court obtained their
copies there was no possibility of any tampering with the D
microchips from that stage. Moreover, the High Court might
have felt that the TV channel with its well equipped studio/
laboratory would be a much better place for the handling and
conservation of such electronic articles than the High Court
Registry. On the facts of the case, therefore, there was no lapse E
on the part of the High Court in leaving the microchips in the
safe custody of the TV channel and in any event it does not
have any bearing on the final decision of the case.

134. However, what we find completely inexplicable is why, F
at least at the beginning of the proceeding, the High Court did
not put NDTV, along with the two appellants, in the array of
contemnors. Looking back at the matter (now that we have on
the record before us tt)e appellants' affidavits in reply to the
notice issued by the High Court as well as their first response G
to the telecast in the form of their live interviews), we are in the
position to say that since the contents of the sting recordings
were admitted there was no need for the proof of integrity and
correctness of the electronic materials. But at the time the High
Court issued notices to the two appellants (and two others) the
H
1144 SUPREME COURT REPORTS [2009] 11 S.C.R.

A position was completely different. At that stage the issue of
integrity, authenticity and reliability of the sting recordings was
wide open. The appellants might have taken the stand that not
only the sting recordings but their respective responses shown
by the TV channel were fake and doctored. In such an event
B the TV channel would have been required to be subjected to
the strictest proof of the electronic materials on which its
programmes were based and, in case it failed to establish their
genuineness and correctness, it would have been equally guilty,
if not more, of serious contempt of court and other criminal
c offences. By all reckoning, at the time of initiation of the
proceeding, the place of NDTV was along with the appellants
facing the charge of contempt. Such a course would have put
the proceeding on a more even keel and given it a more
balanced appearance. Then perhaps there would have been
no scope for the grievance that the High Court put the TV
0
channel on the complainant's seat. And then perhaps the TV
Channel too would have conducted itself in a more careful
manner and the lapses as indicated above in the case of IU
Khan might not have occurred.

E THE PUNISHMENT: PROHIBITION AGAINST APPEARING
IN COURTS •
135. We were also addressed on the validity of the High
Court's direction prohibiting the two appellants from appearing
F before the High Court and the courts subordinate to it for a
period of four months. Though by the time the appeals were
taken up for hearing the period of four months was over, Mr.
Altaf Ahmed contended that the High Court's direction was
beyond its competence and authority. In a proceeding of
G contempt punishment could only be awarded as provided under
the Contempt of Courts Act, though in a given case the High
Court could debar the contemnor from appearing in court till he
purged himself of the contempt. He further submitted that
professional misconduct is a subject specifically dealt with
under the Advocates Act and the authority to take action against
H
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1145
[AFTAB ALAM, J.]

a lawyer for any professional misconduct vests exclusively in A
the State Bar Council, where he may be enrolled, and the Bar
Council of India. The Counsel further submitted that a High
Court could frame rules under section 34 of the Advocates Act
laying down the conditions subject to which an advocate would
be permitted to practise in the High Court and the courts B
subordinate to it and such rules may contain a provision that
an advocate convicted of contempt of court would be barred
from appearing before it or before the subordinate courts for a
specified period. But so far the Delhi High Court has not framed
any rules under section 34 of the Act. According to him, c
therefore, the punishment awarded to the appellant by the High
Court had no legal sanction.
.... 136. Mr. Nageshwar Rao learned Senior Advocate
assisting the Court as amicus shared the same view. Mr. Rao
submitted that the direction given by the High Court was beyond D
its jurisdiction. In a proceeding of contempt the High Court could
only impose a punishment as provided under section 12 of the
Contempt of Courts Act, 1971. The High Court was bound by
the provisions of the Contempt of Courts Act and it was not
open to it to innovate any new kind of punishment in exercise E
of its powers under Article 215 of the Constitution or its inherent
powers. Mr. Rao submitted that a person who is a law graduate
becomes entitled to practise the profession of law on the basis
of his enrolment with any of the State Bar Councils established
under the Advocates Act, 1961. Appearance in Court is the F
dominant, if not the sole content of a lawyer's practice. Since,
the authority to grant licence to a law graduate to practise as
an advocate vests exclusively in a State Bar Council, the power
to revoke the licence or to suspend it for a specified term also
vests in the same body. Further, the revocation or suspension G
of licence of an advocate has not only civil but also penal
consequences; hence, the relevant statutory provisions in regard
to imposition of punishment must be strictly followed.
Punishment by way of suspension of the licence of an advocate
can only be imposed by the Bar Council, the competent statutory H
1146 SUPREME COURT REPORTS [2009] 11 S.C.R.

A body, after the charge is established against the advocate
concerned in the manner prescribed by the Act and the Rules
framed thereunder. The High Court can, of course, prohibit an ,'
advocate convicted of contempt from appearing before it or any
court subordinate to it till the contemnor purged himself of the
B contempt. But it cannot assume the authority and the power
statutorily vested in the Bar Council.

137. Mr. Gopal Subramanium the other amicus, however,
approached the issue in a slightly different manner and took
c tothesuspend
middle ground. Mr. Subramanium submitted that the power
the licence of a lawyer for a reason that may
,.

constitute contempt of court and at the same time may also
amount to professional misconduct is a power to be exercised
by the disciplinary authority i.e. the Disciplinary Committee of
the State Bar Council where the concerned advocate is
D registered or the Bar Council of India. The Supreme Court has
-
held that even it, in exercise of its powers under Article 142,
cannot override statutory provisions and, assuming the position
of the Disciplinary Committee, suspend the licence of a lawyer.
Such a course cannot be followed even by taking recourse to
E the appellate powers of the Supreme Court under section 38
of the Advocates Act while dealing with a case of contempt of
court (and not an appeal relating to professional misconduct
as such). But approaching the matter from a different angle Mr.
Subramanium submitted, it is, however, open to the High Court
F to make rules regulating the appearance of advocates in courts.
He further submitted that although the Delhi High Court has not
framed any specific rules regulating the appearance of
advocates, it is settled law that power vested in an authority
would not cease to exist merely because rules prescribing the
G manner of exercise of power have not been framed.
138. The contention that the direction debarring a lawyer
from appearing before it or in courts subordinate to it is beyond
the jurisdiction of the High Court is based on the premise that
the bar is akin to revocation/suspension of the lawyer's licence
H
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1147
[AFTAB ALAM, J.]
>
which is a punishment for professional misconduct that can only A
be inflicted by the Bar Council after following the procedure
prescribed under the Advocates Act. The contention finds
support from the Constitution Bench decision of this Court in
Supreme Court Bar Association vs. Union of India, (1998) 4
SSC 409. In paragraph 37 of the decision the Court observed B
and held as under:

i
"37.The .nature and types of punishment which a court of
record can impose in a case of established contempt
under the common law have now been specifically
incorporated in the Contempt of Courts Act, 1971 insofar
c
as the High Courts are concerned and therefore to the
extent the Contempt of Courts Act, 1971 identifies the
'' nature or types of punishments which can be awarded in
the case of established contempt, it does not impinge upon
the inherent powers of the High Court under Article 215 D
either. No new type of punishment can be created or
assumed."

In paragraphs 39 & 40 it observed:
E
"39. Suspending the licence to practise of any professional
like a lawyer, doctor, chartered accountant etc. when such
a professional is found guilty of committing contempt of
court, for any specified period, is not recognised or
accepted punishment which a court of record either under
the common law or under the statutory law can impose on F
a contemnor in addition to any of the other recognised
punishments."

"40. The suspension of an advocate from practise and his
removal from the State roll of advocates are both G
punishments specifically provided for under the Advocates
~ Act, 1961, for proven "professional misconduct" of an
advocate. While exercising its contempt jurisdiction under
Article 129, the only cause or matter before this Court is
regarding commission of contempt of court. There is no H
1148 SUPREME COURT REPORTS [2009] 11 S.C.R.

A cause of professional misconduct, properly so called,
..
pending before the Court. This Court, therefore, in exercise
of its jurisdiction under Article 129 cannot take over the
jurisdiction of the Disciplinary Committee of the Bar
Council of the State or the Bar Council of India to punish
B an advocate by suspending his licence, which punishment
can only be imposed after a finding of "professional
misconduct" is recorded in the manner prescribed under
the Advocates Act and the Rules framed thereunder."

In Paragraph 57 it observed:
c
57. In a given case, an advocate found guilty of committing

D
contempt of court may also be guilty of committing
"professional misconduct", depending upon the gravity or
nature of his contumacious conduct, but the two
jurisdictions are separate and distinct and exercisable by
-
different forums by following separate and distinct
procedures. The power to punish an advocate by
suspending his licence or by removal of his name from the
roll of the State Bar Council for proven professional
E misconduct vests exclusively in the statutory authorities
created under the Advocates Act, 1961, while the
jurisdiction to punish him for committing contempt of court
vests exclusively in the courts."

Again in paragraph 80 it observed:
F
"80. In a given case it may be possible for this Court or
the High Court, to prevent the contemnor advocate to
appear before it till he purges himself of the contempt but
that is much different from suspending or revoking his
G licence or debarring him to practise as an advocate. In a
case of contemptuous, co:itumacious, unbecoming or
blameworthy conduct of an Advocate-on-Record, this
Court possesses jurisdiction, under the Supreme Court
Rules, itself, to withdraw his privilege to practice as an
H Advocate-on-Record because that privilege is conferred
R.K. ANAND v. REGISTRAR. DELHI HIGH COURT 1149
[AFTAB ALAM, J.]

by this Court and the power to grant the privilege includes A
the power to revoke or suspend it. The withdrawal of that
privilege, however, does not amount to suspending or
revoking his licence to practice as an advocate in other
courts or tribunals."
B
139. The matter, however, did not stop at Supreme Court
Bar Association. In Pravin C Shah vs. K. A. Mohd. Ali and
Another, (2001) 8 SCC 650, this Court considered the case
of a lawyer who was found guilty of contempt of court and as a
consequence was sought to be debarred from appearing in
courts till he purged himself of contempt. Kerala High Court has C
framed Rules under section 34 of the Advocates Act and rule
11 reads thus:

"No advocate who has been found guilty of contempt of
court shall be permitted to appear, act or plead in any court D
unless he has purged himself of the contempt."

140. An Advocate, notwithstanding his conviction for
contempt of Court by the Kerala High Court continued to freely
appear before the courts. A complaint was made to the Kerala E
State Bar Council on which a disciplinary proceeding was
initiated against the advocate concerned and finally the State
Bar Council imposed a punishment on him debarring him from
acting or pleading in any court till he got himself purged of the
contempt of court by an order of the appropriate court. The
concerned advocate challenged the order of the State Bar F
Council in appeal before the Bar Council of India. The Bar
Council of India allowed the appeal and set aside the interdict
imposed on the advocate. The matter was brought in appeal
before this Court and a two judges' Bench hearing the appeal
framed the question arising for consideration as follows: G

"When an advocate was punished for contempt of court
can he appear thereafter as a counsel in the courts, unless
he purges himself of such contempt? If he cannot, then
what is the way he can purge himself of such contempt?" H
1150 SUPREME COURT REPORTS [2009] 11 S.C.R.

A The Court answered the question in paragraphs 27,
28 and 31 of the judgment as follows:

"27. We cannot therefore approve the view that merely
undergoing the penalty imposed on a contemnor is
sufficient to complete the process of purging himself of the
B contempt, particularly in a case where the contemnor is
convicted of criminal contempt. The danger in giving
accord to the said view of the learned Single Judge in the
aforesaid decision is that if a contemnor is sentenced to
a fine he can immediately pay it and continue to commit
c contempt in the same court, and then again pay the fine
and persist with his contemptuous conduct. There must be
something more to be done to get oneself purged of the
contempt when it is a case of criminal contempt."

D "28. The Disciplinary Committee of the Bar Council of India
highlighted the absence of any mode of purging oneself
of the guilt in any of the Rules as a reason for not following
the interdict contained in Rule 11. Merely because the
Rules did not prescribe the mode of purging oneself of the
E guilt it does not mean that one cannot purge the guilt at
all. The first thing to be done in that direction when a
contemnor is found guilty of a criminal contempt is to
implant or infuse in his own mind real remorse about his
conduct which the court found to have amounted to
contempt of court. Next step is to seek pardon from the
F
court concerned for what he did on the ground that he really
and genuinely repented and that he has resolved not to
commit any such act in future. It is not enough that he
tenders an apology. The apology tendered should impress
the court to be genuine and sincere. If the court, on being
G impressed of his genuineness, accepts the apology then
it could be said the contemnor has purged himself of the
guilt."

"31. Thus a mere statement made by a contemnor before
H court that he apologises is hardly enough to amount to
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1151
·[AFTAB ALAM, J.]

purging himself of the contempt. The court must be A
satisfied of the genuineness of the apology. If the court is
so satisfied and on its basis accepts the apology as
genuine the court has to make an order holding that the
contemnor has purged himself of the contempt. Till such
an order is passed by the court the delinquent advocate B
would continue to be under the spell of the interdict
contained in Rule 11 of the Rules."

141. More importantly, another Constitution Bench of this
Court in Ex. Capt. Harish Uppal vs. Union of India and
Another, (2003) 2 SCC 45, examined the question whether C
lawyers have a right to strike and/or give a call for boycott of
Court(s). In paragraph 34 of the decision the Court made highly
illuminating observations in regard to lawyers' right to appear
before the Court and sounded the note of caution for the
lawyers. Para 34 of the decision need to be reproduced below: D

"34 .. One last thing which must be mentioned is that the
right of appearance in courts is still within the control and
jurisdiction of courts. Section 30 of the Advocates Act has
not been brought into force and rightly so. Control of E
conduct in court can only be within the domain of courts.
Thus Article 145 of the Constitution of India gives to the
Supreme Court and Section 34 of the Advocates Act gives
to the High Court power to frame rules including rules
regarding condition on which a person (including an F
advocate) can practise in the Supreme Court and/or in the
High Court and courts subordinate thereto. Many courts
have framed rules in this behalf. Such a rule would be
valid and binding on all. Let the Bar take note that unless
self-restraint is exercised, courts may now have to G
consider framing specific rules debarring advocates,
guilty of contempt and/or unprofessional or unbecoming
;
conduct, from appearing before the courts. Such a rule
if framed would not have anything to do with the
disciplinary jurisdiction of the Bar Councils. It would be
H
1152 SUPREME COURT REPORTS [2009] 11 S.C.R.

A concerning the dignity and orderly functioning of the ..
courts. The right of the advocate to practise envelopes a
lot of acts to be performed by him in discharge of his
professional duties. Apart from appearing in the courts
he can be consulted by his clients, he can give his legal
B opinion whenever sought for, he can draft instruments,
pleadings, affidavits or any other documents, he can
participate in any conference involving legal discussions,
he can work in any office or firm as a legal officer, he can
appear for his clients before an arbitrator or arbitrators etc.
Such a rule woul~ have nothing to do with all the acts done
c
by an advocate during his practice. He may even file
vakalat on behalf of a client event though his appearance
inside the court is not permitted. Conduct in court is a
matter concerning the court and hence the Bar Council
cannot claim that what should happen inside the court
D
c::ould also be regulated by them in exarcise of their
disciplinary powers. The right to practise, no doubt, Is
genus of which the right to appeal and conduct cases in
the court may be a specie. But the right to appear and
condutt cases in the court is a matter on which the court
E must and does have major supervisory and controlling
power. Hence courts cannot be and are not divested of
control or supervision of conduct in court merely because
it may involve the right of an advocate. A rule can
stipulate that a person who has committed contempt of
F court or has behaved unprofessionally and in an
unbecoming manner will not have the right to continue to
appear and plead and conduct cases in courts. The Bar
Councils cannot overrule such a regulation concerning the
orderly conduct of court proceedings. On the contrary, it
G will be their duty to see that such a rule is strictly abided
by. Courts of law are structured in such a design as to
evoke respect and reverence to the majesty of law and
justice. The machinery for dispensation of justice
according to law is operated by the court. Proceedings
H inside the courts are always expected to be held in
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1153
[AFTAB ALAM, J.]

dignified and orderly manner. The very sight of an A
advocate, who is guilty of contempt of court or of
unbecoming or unprofessional conduct, standing in the
court would erode the dignity of the court and even
corrode its majesty besides impairing the confidence of
the public in the efficacy of the institution of the courts. The B
power to frame such rules should not be confuse~ with the
right to practice law. While the Bar council can exercise
control over the latter, the courts are in control of the
former. The distinction is clearly brought out by the
difference in language in Section 49 of the Advocates Act c
on the one hand and Article 145 of the Constitution of India
and Section 34(1) of the Advocates Act on the other.
Section 49 merely empower the Bar Council to frame
rules laying down conditions subject to which an advocate
shall have a right to practise i.e. do all the other acts set D
out above. However, Article 145 of the Constitution of India
empowers the Supreme Court to make rules for regulating
this practice and procedure of the court including inter alia
rules as to persons practising before this Court. Similarly
Section 34 of the Advocates Act empowers High Courts E
to frame rules, inter alia to lay down conditions on which
an advocate shall be permitted to practice in courts.
Article 145 of the Constitution of India and Section 34 of
the Advocates Act clearly show that there is no absolute
right to an advocate to appear in a court. An advocate
appears in c; Court to such conditions as are laid down F
by the Court. It must be remembered that Section 30 has
not been brought into force and this also shows that there
is no absolute right to appear in a court. Even if Section
30 were to be brought into force control of proceedings
in a court will always remain with the court. Thus even G
then the right to appear in court will be subject to
complying with conditions laid down by courts just as
practice outside courts would be subject to conditions laid
down by the Bar Council of India. There is thus no conflict
or clash between other provisions of the Advocates Act H
1154 SUPREME COURT REPORTS [2009] 11 S.C.R.

A on the one hand and Section 34 or Article 145 Constitutio'n
of Indian on the other."

(emphasis added)

142. In both Pravin C. Shah and Ex. Capt. Harish Uppal
B the earlier Constitution Bench decision was extensively
considered. The decision in Ex. Capt. Harish Uppal was later
followed in a three judge Bench decision in Bar Council of India
vs. The High Court of Kera/a, (2004) 6 SCC 311.

c 143. In Supreme Court Bar Association the direction
prohibiting an advocate from appearing in court for a specified
period was viewed as a total and complete denial of his right
to practise law and the bar was considered as a punishment
inflicted on him.*ln Ex. Capt. Harish Uppal it was seen not as
punishment for professional misconduct but as a measure
0
necessary to regulate the court's proceedings and to maintain
the dignity and orderly functioning of the courts. We may
respectfully add that in a given case a direction disallowing an
advocate who is convicted of criminal contempt from appearing
E in court may not only be a measure to maintain the dignity and
orderly functioning of the courts but may become necessary for
the self protection of the court and for preservation of the purity
of court proceedings. Let us, for example, take the case where
an advocate is shown to have accepted money in the name of
a judge or on the pretext of influencing him; or where an •
F advocate is found tampering with the court's record; or where
an advocate is found actively taking part in faking court orders
(fake bail orders are not unknown in several High Courts!); or
where an advocate has made it into a practice to browbeat and
abuse judges and on that basis has earned the reputation to
G get a case transferred from an 'inconvenient' court; or where
an advocate is found to be in the habit of sending unfounded

Though in Paragraph 80 of the decision, as seen earlier thre is an
observatin that in a given case it might be possible for this cout or the High
Court to prevent the contemnor advocate to appear before it till he purge
H himself of the contempt.
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1155
[AFTAB ALAM, J.]

and unsubstantiated allegation petitions against judicial officers A
and judges to the superior courts. Unfortunately these examples
are not from imagination. These things are happening more
frequently than we care to acknowledge. We may also add that
these illustrations are not exhaustive but there may be other
ways in which a malefactor's conduct and actions may pose a B
real and imminent threat to the purity of court proceedings,
cardinal to any court's functioning, apart from constituting a
substantive offence and contempt of court and professional
misconduct. In such a situation the court does not only have the
right but it also has the obligation cast upon it to protect itself C
and save the purity of its proceedings from being polluted in
any way and to that end bar the malefactor from appearing
before the courts for an appropriate period of time. It is already
'
explained in Ex. Captain Harish Uppal that a direction of this
kind by the Court cannot be equated with punishment for D
professional misconduct. Further, the prohibition against
appearance in courts does not affect the right of the concerned
lawyer to carry on his legal practice in other ways as indicated
in the decision.

144. We respectfully submit that the decision in Ex-Capt. E
Harish Uppal vs. Union of India places the issue in correct
perspective and must be followed to answer the question at
issue before us,

145. Lest we are misunderstood it needs to be made clear F
that the occasion to take recourse to the extreme step of
deparring an advocate from appearing in court should arise
very rarely and only as a measure of last resort in cases where
the wrong doer advocate does not at all appear to be genuinely
contrite and remorseful for his act/conduct, but on the contrary G
shows a tendency to repeat or perpetuate the wrong act(s).

146. Ideally every High Court should have rules framed
under section 34 of the Advocates Act in order to meet with
such eventualities but even in the absence of the Rule the High
H
1156 SUPREME COURT REPORTS [2009] 11 S.C.R.

A Court cannot be held to be helpless against such threats. In a
matter as fundamental and grave as preserving the purity of
judicial proceedings, the High Court would be free to exercise
the powers vested in it under section 34 of the Advocates Act
notwithstanding the fact that Rules prescribing the manner of
B exercise of power have not been framed. But in the absence
of statutory Rules providing for such a course an advocate
facing the charge of contempt would normally think of only the
punishments specified under section 12 of the Contempt of
Courts Act He may not even imagine that at the end of the
C proceeding he might end up being debarred from appearing
before the court. The rules of natural justice, therefore, demand
that before passing an order debarring an advocate from
appearing in courts he must be clearly told that his alleged
conduct or actions are such that if found guilty he might be
debarred from appearing in courts for a specific period. The
0
warning may be given in the initial notice of contempt issued
under section 14 or section 17 (as the case may be) of the
Contempt of Courts Act. Or such a notice may be given after
the proceedee is held guilty of criminal contempt before dealing
with the question of punishment.
E
147. In order to avoid any such controversies in future all
the High Courts that have so far not framed rules under section
34 of the Advocates Act are directed to frame the rules without
any further delay. It is earnestly hoped that all the High Courts •
F shall frame the rules within four months from today. The High
Courts may also consider framing rules for having Advocates
on Record on the pattern of the Supreme Court of India.
Suborning a witness in a criminal trial is an act striking at the
root of the judicial proceeding and it surely deserves the
G treatment meted out to the appellant. But the appellants were
not given any notice by the High Court that if found guilty they
might be prohibited from appearing in the High Court, and the
•
courts subordinate to it, for a certain period. To that extent the
direction given by the High Court was not in conformity with the
H principles of natural justice. But as to the consequence of that
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1157
[AFTAB ALAM, J.]

we shall deal with in due course. A

THE QUESTION OF SENTENCE:

148. Having regard to the misdeeds of which RK Anand
has been found guilty, the punishment given to him by the High
Court can only be regarded as nominal. We feel that the B
leniency shown by the High Court in meting out the punishment
was quite misplaced. And the view is greatly reinforced if one
looks at the contemnor's conduct before the High Court. As we
shall see presently, before the High Court the contemnor took
a defiant stand and constantly tried to obstruct the proceedings. c
THE DIVERSIONARY & INTIMIDATORY TACTICS IN THE
PROCEEDING:

149. Even as contempt notices were issued by the High
D
Court, or even before it, some diversionary and even
intimidatory tactics were employed to stonewall the proceeding
initiated by it.

Kulkarni's Affidavit:
E
150. The first in the series was ·an affidavit filed on August
6, 2007 by Kulkarni in regard to the stings done by him. The
affidavit was not called for by the Court and it was filed quite
... gratuitously. It was a jumble of non-sense, half truths and lies .
Kulkarni made all conceivable and even some inconceivable
F
allegations against NDTV in general and Poonam Agarwal in
particular. He stated that Poonam Agarwal had recorded his
first interview on April 25, 2003 and thereafter on several other
dates till the last one in the last week of May before the telecast.
It is not clear on whose behalf Poonam Agarwal would take his
G
earlier interviews because she had joined NDTV only two years
, prior to July 2007. He then alleged that Poonam Agarwal
subjected him to "Gobel's technique" (sic. Goebbels's) to make
him 'illicit' (sic. elicit) certain answers 'to' (sic. from) RK Anand
and JU Khan in a particular manner. What is of significance in
Kulkarni's affidavit, however, is that it anticipated what in the H
1158 SUPREME,COURT REPORTS [2009] 11 S.C.R.

A sting recordings might prove fatal for RK Anand and IU Khan
and tried to do the ground work for their defence. In regard to
his meeting with IU Khan, Kulkarni said that he met and spoke
to him in the manner directed by Poonam Agarwal. He further
said on affidavit that when IU Khan asked him if he had met
B 'Bade Saheb' he implied some senior police official but it was
Poonam Agarwal who forced him to say that :u Khan referred
to RK A,1and. Now, this is exactly what IU Khan said in his
interview to the TV channel and what he would say later in his
show cause to the High Court. He also said that as agreed
c between the two in the meeting of April 28, 2007, he again met
IU Khan in the evening but the conversation that took place in
that meeting expo.>ed NDTV story and, therefore, that recording
was withheld from being telecast.

151. Similarly, in regard to his meeting with RK Anand,
D Kulkarni said that he met him on being forced by Poonam
Agarwal. He fu1iher said on affidavit that he had mentioned the
sum of rupees two and half crores to RK Anand on the direction
of Poonam Agarwal. He himself had neither any idea nor the
intention to ask him for any money. He further said that on the
E mention of the sum of money RK Anand was shocked and he
rebuked him by making the sarcastic remark that he should ask
for five crores and not only two and half crores. He said that he
got the message that no demand for money would be
entertained. The similarity between what Kulkarni said in his •
F affidavit and what RK Anand had to say about this matter and
the manner in which he would say it is unmistakable. We are
unable to believe that the manner in which Kulkarni's affidavit
fore-shadows the proceedees defence was simply
coincidental. It does not require much imagination to see that
G Kulkarni had once again switched over sides and he had joined
hands with those whom he had earlier tried to trap in the stings.

152. In one of the paragraphs of the affidavit there is a
ludicrous description of his meeting with Lovely. It is stated that
despite persistent request by him for a meeting there was no
H
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1159
[AFTAB ALAM, J.]
..
positive response from RK Anand. Then, "suddenly a Sardar A
Ji came and started talking with me. In his pocket I saw some
flash light beeping which alerted me thcit I was trap~d. I was ··
upset and wanted to convey all the facts to Hor.'ble Court but
Ms. Poonam Agarwal prevciiled over me and dissuaded me to
do the same". Even this apparently absurd story was not without B
purpose; its object was to provide for the existence of another
recording, apart from his own sting, of his meeting with Lovely.

153. The recording, by Lovely, of their meeting was the
second diversionary attempt in the proceeding before the High C
Court.

Another audio recording of the meeting between Kulkarni
& Lovely: ·

154. The High Court registry received an audio cassette D
along with a letter from one Su nil Garg. In the letter it was stated
that the cassette _had the recording of some conversation
between Lovely and Kulkarni. The cassette proved to be
completely blank. Then on notice being issued to him Garg
appeared in Court and made a statement on oath. He said that E
Kulbir Singh alias Lovely was his friend. Shortly before his death
he had come to him and handed over to hi,n;I to two audio
cassettes saying that those contained the recordings of his
conversation with Kulkarni. He had earlier sent one of the two
cassettes without playing it on the recorder. He later came to
learn from the newspaper reports the cassette was blank. He
F
then played the other cassette and found it had the recording.
of some conversation between his friend Lovely and someone
else. He recognised the voice of his friend Lovely. He submitted
the other cassette in the High Court.
G
155. We would have completely ignored Kulkarni's affidavit
and Garg's audio cassettes as foolish and desperate attempts
to create some defence, not worthy of any attention. But there
is something more to come that is impossible to ignore.
H
1160 SUPREME COURT REPORTS [2009) 11 S.C.R.

A "REQUEST" FOR RECUSAL:
156. Of all the obstructive measures adopted before the
High Court the most unfortunate and undesirable came from
RK Anand in the form of a petition 'requesting' Manmohan
8 Sarin J., the presiding judge on the bench dealing with the
matter, to recuse him from the proceeding. This petition, an ill
concealed attempt at intimidation, was, as a matter of faot, RK
Anand's first response to the notice issued to him by the Court.
He stated in this petition that he hao the feeling that he was
C not likely to get justice at the hands of Manmohan Sarin J. He
further stated alluding to some past events, that he had tried
his best to forget the past and bury the hatchet but the way and
the manner in which the matter was being dealt with had caused
the greatest damage to his reputation. He made the prayer that
the recusal application should be heard in camera and the main
D matter be transferred to another bench of which Sarin J. was
not a member. Along with th8 petition he filed a sealed cover
containing a note and the materials giving rise to the belief that
he was not likely to get justice at the hands of Sarin J.

E 157. The recusal petition was primarily based on the plea
that he had reasonable apprehension of bias, for Sarin J. was
personally hostile to him. The self perceived hostility between
the applicant (RK Anand) and Sarin J. dated back to 1984 when
he was still a lawyer. They had a quarrel then that had led to
F an exchange of verbal abuses. In 1988 Sarin J. (still a lawyer),
in his position as the Vice President of the Delhi High Court
Bar Association, had moved a resolution before the
Association's executive committee opposing any proposal for
the applicant's nomination for appointment as a judge of the
G Del]li High Court. Sarin J., as a lawyer, had among his clients,
the magazine, 'India Today' (Living Media) and the owners of
NDTV were closely associated with 'India Today'. Sarin J., as
an advocate had done the cases of the applicant's brothers
whom he had referred to him. It was stated that the judge, thus,
H might have been privy to some family gossip causing him to
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1161
[AFTAB ALAM, J.]

pig prejµdicial!y gisposed towards the applicant. The applicant A
hm:l fli'lrlier §ent 13 G9rnplaint to the Prime Minister against the
law Minister, who wµs one of his (applicant's) political rival. In
the complaint, apart from the Law Minister, allegations were also
made against the thi:m Chief Justice of the High Court. And in
that connection it was alleged that the Chief Justice hi:iq 9round B
him a coterie of Judges that included Sarin J. On the arrest of
a sitting judge of the Delhi High Court by the CBI the media had
gone to Sarin J. for his comments and even this, it was stated,
might lead him to harbour ill will against the applicant. In a civil
case for damages arising from the BMW case the matter was C
settled between the parties (one of the victims of the accident
on the one side and the family of the accused Sanjeev Nanda
on the other). But Sarin J. who was a member of the bench
"· before which the matter came up for recording the settlement,
did not allow it to be said in the compromise petition that the D
accident was caused by a truck and not by any car, It showed,
according to the applicant, that Sarin J. had some pre"
conceived notion that the accident was caused by the car driven
by Sanjeev Nanda. The bench had appointed as amicus curiae
a lawyer personally hostile to the applicant. And lastly the
applicant had moved the Chief Justice on the administrative E
side to assign the matter to some other bench.

158. In one glance, the grounds on which recusal was
asked for appear fit to be rejected out of hands. But the court
gave the matter far greater importance than it merited, F
apparently because it saw a personal angle in it. The petition
was heard for three days before it was rejected by the order
dated October 4, 2007. It is a long order running into twenty
seven pages authored by Sarin J. The order dealt with all the
grounds advanced in support of the recusal petition and G
effectively showed that there was no truth or substance in any
of those grounds. In regard to the 1988 resolution of the Bar
Association allegedly passed against RK Anand at the instance
of Mr. Sarin the Court called for the Association's Register of
Resolutions for the years 1988 and 1989. From the H
1162 SUPREME COURT REPORTS (2009] 11 S.C.R.

A Association's Register it transpired that at the relevant time Mr.
Sarin was not an office bearer of the Association but was simply
a member of its Executive Committee. Further, there was no
resolution concerning RK Anand. A resolution of the nature
stated in the recusal application was passed against someone
B from the Judicial Service. It is true that one Mr. Tufail, the Joint
Secretary of the Association had wished to move a resolution
against RK Anand too and was given the permission to do so
by the Executive Committee. But he did not actually move any •
resolution and later said that he did not have necessar}i proof
c in support of the allegations and the matter was dropped. As
regards the complaint to the Prime Minister in which Sarin J.
was said to be a member of the alleged coterie around the Chief
Justice, Sarin J. commented that until a copy of the complaint .A

was filed with the recusal application he was not even aware
of it. Having thus dealt with the rest of the allegations made in
D
the recusal application, the order, towards its end, said
something which alone was su,ficient to reject the request for
recusal. It was pointed out that the applicant had a flourishing
practice; he had been frequently appearing in the court of Sarin
J. ever since he was appointed as a judge and for the past
E twelve years was getting orders, both favourable and
unfavourable, for his different clients. He never complained of
any unfair treatment by Sarin J. but recalled his old 'hostility'
with the judge only after the notice was issued to him.
'
F In the order the concerned judge further observed:

"The path of recusal is very often a convenient and a soft
option. This is especially so since a Judge really has no
vested interest in doing a particular matter. However, the
oath of office taken under Article 219 of tl,e Constitution
G of India enjoins the Judge to duly and faithfully and to the
best of his knowledge and judgment, perform the duties •
of office without fear or favour affection or ill will while
upholding the constitution and the laws. In a case, where
unfounded and motivated allegations of bias are sought
H
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1163
[AFTAB ALAM, J.]

l to be made with a view of forum hunting I Bench A
preference or brow-beating the Court, then, succumbing to
such a pressure would tantamount to not fulfilling the oath
of office."

159. The above passage, in our view, correctly sums up
8
what should be the Court's response in the face of a request
for recusal made with the intent to intimidate the court or to get
better of an 'inconvenient' judge or to obfuscate the issues or
' to cause obstruction and delay the proceedings or in any other
way frustrate or obstruct the course of justice. We are
constrained to pause here for a moment and to express grave C
concern over the fact that lately such tendencies and practices
are on the increase. We have come across instances where
one would simply throw a stone on a judge (who is quite
defenceless in such matters!) and later on cite the gratuitous
attack as a ground to ask the judge to recuse himself from D
hearing a case in which he would be appearing. Such conduct
is bound to cause deep hurt to the judge concerned but what
is far greater importance is that it defies the very fundamentals
of administration of justice. A motivated application for recusal,
therefore, needs to be dealt with sternly and should be viewed E
• ordinarily as interference in the due course of justice leading
to penal consequences.

160. The other Judge on the bench, however, it seems was
unable to bear the onslaught and he took the easy way out. He F
expressed his inability to concur with the order passed by
presiding judge observing that "the nature of the controversy
before us pertains to my learned brother alone. It revolves
around a number of factual assertions, which can only be known
to my learned brother personally, and which must necessarily
be examined in the light of the law on the subject. Therefore, I G
consider it inappropriate to express any opinion in the matter,
one wc.y or the other." Having passed the brief separate order
he declined to take any further part in the proceeding.

161. This development provided RK Anand with another H
1164 SUPREME COURT REPORTS [2009] 11 S.C.R.

A opportunity to carry on his offensive further. He unhesitatingly
availed of the opportunity and filed an application (Crl. M.
11677/2007) for clarification/review of the order dated October
4, 2007 dismissing his recusal petition. Review was sought
primarily on the ground that the order of Sarin J. was not the
B order by the bench since the other judge had declined to concur
with him. After the other judge opted out of the bench, the Chief
Justice put Lokur J. in his place. Consequently, the clarification/
review application came before Sarin J., sitting with Lokur J.,
and the first thing this bench was told, and with some
C assertiveness too, was that it was not competent to hear the
application and it could only be heard by the previous bench
as it arose from an order passed by that bench.

162. The clarification/review application was rejected by
a long order dated November 29, 2007 authored by Lokur J.
D As we shall see, henceforth all substantive orders in the
proceeding were written, not by the presiding judge, but by
Lokur J. and the significance of it is not lost on us. The
application for recusal though rejected was not completely
unsuccessful. It left a lasting shadow on the proceeding.
E
163. Here, it may be noted that apart from filing an
application for its clarification/review before the High Court, the
order rejecting the recusal application was also sought to be
challenged before this Court by filing SLP (Cr!) No. 7374 of
F 2007. The SLP was, however, withdrawn on December 14,
2007. Nevertheless, the challenge to the High Court order
rejecting the recusal application is still not given up and
paragraphs H & I of the Grounds in the present Memo of appeal
expressly seek to assail that order.

G 164. Both Mr. Salve and l\ftr. Subramanium strongly
submitted that the appellant had plainly no respect for the court
or the court proceedings. Mr. Salve submitted that the recusal
application was a brazen attempt to browbeat the High Court
and in that attempt the appellant succeeded to a large extent
H since the prohibition to appear before the courts for a period
~.K. ANAND v. Rl=GISTRAR, DE:LHI HIGH COURT 1165
[AFTAB ALAM, ~.]

of only four months could only be considered as a token A
punishment having regard to the gravity of his conduct. Mr.
Subramanium also felt strongly about the recusal application
but before taking up the issue he fairly tried to give another
opportunity to the appellant stating that perhaps even now the
appellant might wish to withdraw the grounds in the SLP. B
challenging the order passed by the High Court on the recusal
application. lhe appellant was given ample time to consider
the suggestion but later on enquiry Mr. Altaf Ahmed stated that
•
he had not pressed those grounds in course of his submissions
exercising his discretion as the Counsel but he had no · c
Instructions to get those grounds deleted from the SLP.

165. lhe action of the appellant in trying to suborn the court
witness in a criminal trial was reprehensible enough but his
conduct before the High Court aggravates the matter manifold.
He does not show any remorse for his gross misdemeanour D
and instead tries to take on the High Court by defying its
authority. We are in agreement with Mr. Salve and Mr.
Subrarnanium that punishment given to him by the High Court
was wholly inadequate and incommensurate to the seriousness
of his actions and conduct. We, accordingly, propose to issue E
a notice to him for enhancement of punishment. We also hold
that by his actions and conduct the appellant has established
himself as a person who needs to be kept away from the
portals of the court for a longer time. The notice would therefore
require him to show-cause why the punishment awarded to him F
should not be enhanced as provided under section 12 of the
Contempt of Courts Act. He would additionally show-cause why
he should not be debarred from appearing in courts for a longer
period. The second part of the notice would also cure the defect
in the High Court order in debarring the appellant from G
appearing in courts without giving any specific notice in that
regard as held in the earlier part of the judgment.

166. We have so far been considering the two appeals
proper. We now proceed to examine some other important H
1166 SUPREME COURT REPORTS [2009] 11 S.C.R.

A issues arising from the case.

THE ROLE OF NDTV:

167. NDTV came under heavy attack from practically all
sides for carrying out the stings and airing the programme
B based on it. On behalf of RK Anand the sting programme was
called malicious and motivated, aimed at defaming him
personally. Mr. P P Rao appearing for IU Khan questioned the
propriety of the stings and the repeated telecast of the sting •
programme concerning a pending trial and involving a court
c witness. Mr. Rao ~ubmitted that before taking up the sting
operations, fraught with highly sinister implications, the TV
channel should have informtd the trial court and obtained its
permission. If for any reason it W?.s not possible to inform the
trial judge then permission for the stings should have been
D taken from the Chief Justice of the Delhi High Court. Also, it
was the duty of that TV channel to place the sting materials
before the court before telecasting any programme on that
basis.

168. Mr. Gopal Subramanium submitted that this r:ase
E
raised the important issue regarding the nature and extent of
the right of the media to deal with a pending trial. He submitted
that a sting operation was, by its nature, based on deception
and hence, overriding public interest alone might justify its
publication/telecast. Further, since the operation was based on
F deception the onus would be heavy on the person behind the
sting and publication/telecast of the sting materials to establish
his/her bona fide, apart from the genuineness and truthfulness
of the sting materials. In regard to sting operations bona fide
could not be assumed. In this case, therefore, it was the duty
G of the High Court to inquire into and satisfy itself whether the
sting operation was a genuine exercise by the TV channel to
expose the attempted subversion of the trial. He further
submitted that the affidavit of Poonam Agarwal was not
sufficient to arrive at the conclusion that the action of the TV
H channel was genuine and bona fide and the matter required
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1167
"'
)
[AFTAB ALAM, J.]
.i
further enquiry. Mr. Subramanium further submitted that the act A
of publication/telecast and the contents of publication/telecast,
though interlinked, were still needed to be viewed separately
and whether or not a publication or telecast was justified would,
to a large extent, depend, as much on the contents of the
publication/telecast, as the act of publication/telecast itself. He B
further submitted that, in the facts of the case, the sting
operation was in public interest and there was nothing
objectionable there. But the same cannot be said of the telecast.
The date on which the programme was telecast (May 30, 2007-
when Kulkarni's cross-examination was still pending), the "slant" c
given to the episode by the NDTV presenters, and the way
opinions were solicited from eminent lawyers, left much to be
explained by the TV channel. Learned Counsel submitted that
a question may arise whether NDTV was justified in telecasting
the programme based on the sting when they:·were not in a D
..\
position to vouch for Kulkarni's character. He, however,
' submitted that the TV channel must at least be given credit for
transparency - it made a public disclosure, in the same
telecast, that (a) Kulkarni had withdrawn his consent for the
telecast; (b) it did not know if any money had in fact changed
E
hands, and (c) it could not vouch for Kulkarni's character. It also
gave the contemnors a chance to state their version of the story.
In conclusion Mr Subramanium submitted that it would be
difficult to conclude that NDTV was guilty of contempt or of
conducting a media trial although the "slant in the telecast was
regrettable overreach." F

169. The other amicus Mr. N. Rao was more severe in his
criticism of the telecast of the sting programme by NDTV. He
maintained that NDTV was equally guilty of contempt of court,
though under a different provision of law. Mr. Rao submitted G
that the programme was an instance of, what is commonly
.. called, 'trial by medic:i' and it was telecast while the criminal trial
was going on. He submitted that in our system of law there was
no place for triai by r.1edia in a sub-judice matter. Mr. Rao
submitted tnal freedom of speech and expression, subject of H
1168 SUPREME COURT REPORTS [2009] 11 S.C.R.

A course to reasonable restrictions, was indeed one of the most
important rights guaranteed by the Constitution of India. But the
press or the electronic media did not enjoy any right(s) superior
to an individual citizen. Further, the right of free and fair trial was
of far greater importance and in case of any conflict between
B fr~ speech and fair trial the latter must always get precedence.
Mr. Rao submitted that though the law normally did not permit
any pre-censorship of a media report concerning an ongoing
criminal trial or sub-judice matter, any person publishing the
report in contravention of the provisions of law would certainly
c make himself liable to the proceeding of contempt. Mr. Rao
further submitted that the immunity provided under section 3 (3)
of the Contempt of Courts Act was not available to the TV
channel in terms of proviso (ii) Explanation (B) to sub-section
(3) and thus the telecast of the sting programme by NDTV
0 clearly fell in the prohibited zone under the Act. He further
submitted that in such an event, a plea of 'larger public good'
was not a legal defence. In support of his submission he cited
several decisions of this court in (i) Saibal Kumar Gupta and
Others vs. B.K.Sen and Another., 1961 3 SCR 460 (473) (ii)
E In Re: P. C. Sen, 1969 2 SCR 649 (651,653,654,658) (iii)
Reliance Petrochemcials Ltd. vs. Proprietors of Indian
Express Newspapers, Bombay Pvt. Ltd., (1988) 4 SCC 592
pr. 32,34,95,38 (iv) M. P. Lohia vs. State of W B., (2005) 2
sec 686 pr. 10.
F 170. Mr. Salve learned Senior Advocate appearing for
NDTV, on the other hand, defended the telecast of the
programme. Mr. Salve submitted that commenting on or
exposing something foul concerning proceedings pending in
courts would not constitute contempt if the court is satisfied that
G the report/comment is substantially accurate, it is bona fide and
it is in public interest. He referred to the new section 13 in the
Contempt of Courts Act substituted with effect from March 17,
2006 which is as under:

"13. Notwithstanding anything contained in any law for the
H
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1169
[AFTAB ALAM, J.]
~~
time being in force,- A

(a) no court shall impose a sentence under this Act for
a contempt of court unless it is satisfied that the
contempt is of such a nature that it substantially
interferes, or tends substantially to interfere with the
B
due course of justice;

(b) the court may permit, in any proceeding for
' contempt of court, justification by truth as a valid
defence it it is satisfied that it is in public interest
and the request for invoking the said defence is c
bona fide."

(emphasis added)

171. Mr. Salve submitted that in a situation of this kind two
competing public interests are likely to arise; one, purity of trial D
and the other public reporting of something concerning the
conduct of a trial (that may even have the tendency to impinge
on the proceedings) where the trial, for any reason, can be
considered as a matter of public concern. With regard to the
case in hand Mr. Salve submitted that in the sting programmes E
there was nothing to influence the outcome of the BMW trial.
But even if the telecast had any potential to influence the trial
proceedings that risk was far outweighed by the public good
. served by the programme. He further submitted that in a case
where two important considerations arise, vying with each F
other, the court is the final arbiter to judge whether or not the
publication or telecast is in larger public interest; how far, if at
all, it interferes or tends to interfere with or obstructs or tends
to obstruct the course of justice and on which side the balance
tilts. In support of his submission he relied upon a decision of G
the House of Lords in Re Lonrho pie and others, [1989] 2 All
ER 1100 paragraphs 7.2 and 7.3 at 1116.

172. We have already dealt with the allegations made on
behalf of RK Anand while considering his appeal earlier in this
H
1170 SUPREME COURT REPORTS [2009] 11 S.C.R.

A judgment and we find no substance in those allegations.

Reporting of pending trial:

173. We are also unable to agree with the submission
made by Mr. P. P. Rao that the TV channel should have carried
B out the stings only after obtaining the permission of the trial court
or the Chief Justice of the Delhi High Court and should have
submitted the sting materials to the court before its telecast.
Such a course would not be an exercise in journalism but in
that case the media would be acting as some sort of special
C vigilance agency for the court. On little consideration the idea
appears to be quite repugnant both from the points of view of
the court and the media. It would be a sad day for the court to
employ the media for setting its own house in order; and media
too would certainly not relish the role of being the snoopers for
o the court. Moreover, to insist that a report concerning a pending
trial may be published or a sting operation concerning a trial
may be done only subject to the prior consent and permission
of the court would tantamount to pre-censorship of reporting of
co'urt proceedings. And this would be plainly an infraction of the
E media's right of freedom of speech and expression guaranteed
under Article 19(1) of the Constitution. This is, however, not to
say that media is free to publish any kind of report concerning
a sub-judice matter or to do a sting on some matter concerning
a pending trial in any manner they please. The legal parameter _.
F within which a report or comment on a sub-Judice matter can
be made is well defined and any action in breach of the legal
bounds would invite consequences. Compared to normal
reporting, a sting operation is an incalculably more risky and
dangerous thing to do. A sting is based on deception and,
therefore, it would attract the legal restrictions with far greater
G stringency and any infraction would invite more severe
punishment.

Sting programme whether trial by media??

H 174. The submissions of Mr. N. Rao are based on two
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1171
[AFTAB ALAM, J.]
l
premises: one, the sting programme telecast by NDTV was of A
the genre, 'trial by media' and two, the programme interfered
or tended to interfere with or obstructed or tended to obstruct
the proceedings of the BMW trial that was going on at the time
of the telecast. If the two premises are correct then the rest of
the submissions would logically follow. But are the two premises B
correct? What is trial by media? The expression 'trial by media'
is defined 'to mean:

"the impact of television and newspaper coverage on a
person's reputation by creating a widespread perception C
of guilt regardless of any verdict in a court of law. During
high publicity court cases, the media are often accused of
provoking an atmosphere of public hysteria akin to a lynch
mob which not only makes a fair trial nearly impossible but
means that, regardless of the result of the trial, in public
perception the accused is already held guilty and would D
not be able to live the rest of their life without intense public
scruti~" · .

175. In light of the above it can hardly be said that the sting
programme telecast by NDTV was a media trial. Leaving aside E
some stray remarks or comments by the anchors or the
interviewees, the programme showed some people trying to
subvert the BMW trial and the state of the criminal
administration of justice in the country (as perceived by the TV
channel and the interviewees). There was nothing in the F
programme to suggest that the accused in the BMW case were
guilty or innocent. The programme was not about the accused
but it was mainly about two lawyers representing the two sides
and one of the witnesses in the case. It indeed made serious
allegations against the two lawyers. The allegations, insofar as G
RK Anand is concerned, stand established after strict scrutiny
by the High Court and this Court. Insofar as IU Khan is
concerned, though this Court held that his conduct did not
constitute criminal contempt of court, nonetheless allegations
against him too are established to the extent that his conduct
H
1172 SUPREME COURT REPORTS (2009] 11 S.C.R.

l
A has been found to be inappropriate for a Special Prosecutor.
In regard to the witness the comments and remarks made in
the telecast were never subject to a judicial scrutiny but those
too are broadly in conformity with the materials on the court's
record. We are thus clearly of the view that the sting programme
B telecast by NDTV cannot be described as a piece of trial by
media.

Stings & telecast of sting programmes not constituting
criminal contempt:

c 176. Coming now to section 3 of the Contempt of Courts
Act we are unable to appreciate Mr. Rao's submission that
NDTV did not have the immunity under sub-section (3) of
section 3 as the telecast was hit by proviso (ii) Explanation (B)
to that sub section. Section 3 of the Act insofar as relevant is
D as under:

"3. Innocent publication and distribution of matter not
contempt.- (1) A person shall not be guilty of contempt of
court on the ground that he has published (whether by
words, spoken or written, or by signs, or by visible
E
representations, or otherwise) any matter which interferes
or tends to interfere with, or obstructs or tends to obstruct,
the course of justice in connection with any civil or criminal
proceeding pending at that time of publication, if at that
time he had no reasonable grounds for believing that the
F proceeding was pending.

(2) xxx

(3) A person shall not be guilty of contempt of court on the
G
ground that he has distributed a publication containing any
such matter as is mentioned in sub-section (1 ), if at the
time of distribution he had no reasonable grounds for
believing that it contained or was likely to contain any such
matter as aforesaid:
H
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1173
[AFTAB ALAM, J.]

Provided that this sub-section shall not apply in respect of A
the distribution of-

(i) any publication which is a book or paper printed or
published otherwise than in conformity with tre rules
contained in section 3 of the Press and Registration 8
of Books Act, 1867 (25 of 1867);

(ii) any publication which is a newspaper published
otherwise than in conformity with the rules contained
in section 5 of the said Act.
c
Explanantion.- For the purposes of this section, a judicial
proceeding-

(a) is said to be pending-

(A) xxx D

(B) in the case of a criminal proceeding under the Code
of Criminal Procedure, 1898 ( 5 of 1898), or any other law-

(i) where it relates to the commission of an offence, when E
the charge-sheet or challan is filed, or when the court
issues summons or warrant, as the case may be, against
the accused, and

(ii) in any other case, when the court takes cognizance of
the matter to which the proceeding relates, and xxx F

(b) xxxx"

177. Section 5 provides that a fair criticism of a judicial
act concerning any case which has been heard and finally
decided would not constitute contempt. G

_, 178. Sub-section (1) of section 3 provides immunity to a
publisher of any matter which interferes or tends to interfere with,
or obstructs or tends to obstruct the course of justice in any civil
or criminal proceeding if he reasonably believed that there was H
1174 SUPREME COURT REPORTS [2009] 11 S.C.R.

A no proceeding pending. A sub-section (3) deal with distribution
of the publication as mentioned in sub-section (1) and provides
immunity to the distributor if he reasonably believed that the
publication did not contain any matter which interfered or tended
to interfere with, or obstructed or tended to obstruct the course
B of justice in any civil or criminal proceeding. The immunity
provided under sub-section (3) is subject to the exceptions as
stated in the proviso and explanations to the sub-section. We
fail to see any application of section 3(3) of the Contempt of
Courts Act in the facts of this case. In this case there is no
c distribution of any publication made under sub-section (1 ).
Hence, neither sub-section (3) nor its proviso or explanation is
attracted. NDTV did the sting, prepared a programme on the
basis of the sting materials and telecast it at a time when it fully
knew that the BMW trial was going on. Hence, if the programme
is held to be a matter which interfered or tended to interfere
0
with, or obstructed or tended to obstruct the due course of the
BMW case then the immunity under sub-section (1) will not be
available to it and the telecast would clearly constitute criminal
contempt within the meaning of section 2 (c) (ii) & (iii) of the
Act. But can the programme be accused of interfering or
E tending to interfere with, or obstructing or tending to obstruct
the due course of the BMW case. Whichever way we look at
the programme we are not able to come to that conclusion. The
programme may have any other faults or weaknesses but it
certainly did not interfere with or obstruct the due course of the
F BMW trial. The programme telecast by NDTV showed to the
people (the courts not excluded) that a conspiracy was afoot
to undermine the BMW trial. What was shown was proved to
be substantially true and accurate. The programme was thus
clearly intended to prevent the attempt to interfere with or
G obstruct the due course of the BMW trial.

STINGS & TELECAST OF STING PROGRAMMES
SERVED IMPORTANT PUBLIC CAUSE

179. Looking at the matter from a slightly different angle
H
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1175
[AFTAB ALAM, J.]
we ask the simple question, what would have been in greater A
public interest; to allow the attempt to suborn a witness, with
the object to undermine a criminal trial, lie quietly behind the
veil of secrecy or to bring out the mischief in full public gaze?
To our mind the answer is obvious. The sting telecast by NDTV
was indeed in larger public interest and it se~d an important B
public cause.

180. We have held that the sting programme telecast by
NDTV in no way interfered with or obstructed the due course
of any judicial proceeding, rather it was intended to prevent the
attempt to interfere with or obstruct the due course of law in C
the BMW trial. We have also held that the sting programme
telecast by NDTV served an important public cause. In view
of the twin findings we need not go into the larger question
canvassed by Mr Salve that even if the programme marginally
tended to influence the proceedings in the BMW trial the larger D
public interest served by it was so important that the little risk
should not be allowed to stand in its way.

Excesses in the telecast:

181. We have unequivocally upheld the basic legitimacy E
of the stings and the sting programmes telecast by NDTV_ But
at the same time we must also point out the deficiencies (or
rather the excesses) in the telecast. Mr. Subramanium spoke
about the 'slant in the telecast as 'regrettable overreach'. But
we find many instances in the programme that cannot be F
simply described as 'slants'. There are a number of statements
and remarks which are actually incorrect and misleading. In the
first sting programme telecast on May 30, 2007 at 8.00 pm
the anchor made the opening remarks as under:
, G
"Good Evening,. ... an NDTV expose, on how the legal
-{
system may have been subverted in the high profile BMW
case. In 1999 six people were run over allegedly by a BMW
driven by Sanjeev Nanda a young, rich industrialist but 8
years later every witness except one has turned hostile. H
1176 SUPREME COURT REPORTS [2009] 11 S.C.R.

A Tonight NDTV investigates did the prosecution, the
defence and the only witness not turned hostile Sunil
Kulkarni collude ... "

182. The anchor's remarks were apparently from a
prepared text since the same remarks were repeated word by
B
word by another anchor as introduction to the second telecast
on the same day at 9:00 pm.

183. Further, in the 9 o'clock telecast after some brief
introductory remarks, clips from the sting recordings are shown
c for several minutes and a commentator from the background
(probably Poonam Agarwal) introduces the main characters in
the BMW case. Kulkarni is introduced by the commentator in
the following words:

D "Sunil Kulkarni, a passerby, who allegedly saw the accident
but inexplicably dropped as witness by prosecution. They
claim he had been bought by the Nandas. This despite the
fact that he is the only witness who still says the accident
was caused by a 'black car' with two men in it one of them
called Sanjeev."
E
184. [This statement does not find place in the manuscript
of the telecast furnished to the court and can be found only by
carefully watching the CD of the telecast submitted before the
court. We are again left with the feeling that NDTV did not
F submit full and complete materials before the court and we are
surprised that the High Court did not find it amiss]

185. In the first statement Kulkarni is twice described as
the only witness in the BMW case who after eight years had
G not turned hostile. The statement is fallacious and misleading.
Kulkarni was not being examined in the court as prosecution
witness and, therefore, there was no question of his being
~
declared 'hostile' by the prosecution. He was being examined
as a Court witnesses. Nevertheless, the prosecution was cross-
examining him in detail in course of which he was trying to
H
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1177
[AFTAB ALAM, J.]

sabotage the prosecution case. A

186. The second statement is equally, if not more,
fallacious. In the second statement it is said that Kulkarni was
'inexplicably' dropped as a prosecution witness. We have seen
earlier that Kulkarni was dropped as a prosecution witness for 8
good reasons summed up in the Joint Commissioner's report
to the trial court and there was nothing 'inexplicable' about it.
In the second statement it is further suggested that the
prosecution's claim that Kulkarni was bought over by the
accused was untrue because he was the only witness who still C
said that the accident was caused by a black car with two men
in it, one of them being called Sanjeev. It is true that in his
deposition before the court Kulkarni said that the accident was
caused by a black car but he resiled from his earlier statements
made before the police and the magistrate in a more subtle and
clever way than the other two prosecution witnesses, _namely, D
Hari Shankar Yadav and Manoj Malik. Departing from his earlier
statements he said in the court that he heard one of the two
occupants of the car addressing the other as 'Sanch or sanz'
(and not as Sanjeev). Further, though admitting that Sanjeev
Nanda was one of the occupants of the car, he positively denied E
that he got down from the driving seat of the car and placed
someone else on the driving seat of the car causing the
accident. Thus the damage to the prosecution case that he tried
to cause was far more serious than any other prosecution
witness. It is not that NDTV did not know these facts. NDTV was F
covering the BMW trial very closely since its beginning and was
aware of all the developments taking place in the case. Then
why did it introduce the programme in this way, running down .
the prosecution and presenting Kulkarni as the only person
standing upright while everyone else had fallen down? The G
answer is not far to seek. One can not start a highly sensational
programme by saying that it was prepared with the active help
of someone whose own credibility is extremely suspect. The
opening remarks were thus designed to catch the viewer and
. to hold his/her attention, but truth, for the moment at least was H
1178 SUPREME COURT REPORTS [2009] 11 S.C.R.

A relegated to the sidelines. It is indeed true that later on in the
programme facts concerning Kulkarni were stated correctly and
he was presented in a more balanced way and Mr.
Subramanium wanted to give NDTV credit points for that. But
the impact and value of the opening remarks in a TV
B programme is quite different from what comes later on. The later
corrections were for the sake of the record while the introductory
remarks had their own value.

187. Further, on the basis of the sting recordings NDTV
C might have justifiably said that IU Khan, the Special Prosecutor
appeared to be colluding with the defence (though this court
found that there was no conclusive evidence to come to such
a finding). But there was no material before NDTV to make
such allegation against the prosecution as a whole and thus to
run down the other agencies and people connected with the
D prosecution. There are other instances also of wrong and
inappropriate choice of words and expressions but we need
not go any further in the matter.

188. Another sad feature is its stridency. It is
E understandable that the programme should have started on a
highly sensational note because what was about to be shown
'
was really quite shocking. But the programme never regained
poise and it became more and more shrill. All the interviewees,
highly eminent people, expressed their shock and dismay over
F the state of the legal system in the country and the way the
BMW trial was proceeding. But as the interview progressed,
they somewhat tended to lose their self restraint and did not
pause to ponder that they were speaking about a sub-judice
matter and a trial in which the testimony of a court witness was
G not even over. We are left with the feeling that some of the
speakers allowed their passions, roused by witnessing the
shocking scenes on the TV screen, to get better of their
judgment and made certain very general and broad remarks
about the country's legal system that they might not have made
H if speaking in a more dispassionate and objective
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1179
[AFTAB ALAM, J.]
.
circumstances. Unfortunately, not .a single constructive A
suggestion came from anyone as to how tr revamp the
administration of criminal justice. The programme began on
negative note and remained so till the very end.

Conduct of NDTV in proceeding before High Court:
B
189. In the earlier part of the judgment some of the glaring
lapses committed by NDTV i"n the proceeding before the High
Court are already recounted. Apart from those one or two other
issues need to be mentioned here that failed to catch the
attention of the High Court. It seems that at the time the sting C
operations were carried out people were actually apprehensive
of something of that kind. Vikas Arora, Advocate had stated in
his complaint (dated April 19, 2007) about receiving such a
threat from Poonam Agarwal. NDTV in its reply dated April 26,
2007 had denied the allegations in the complaint, at the same D
time, declaring its resolve to make continuous efforts to unravel
the truth. At the same time Poonam Agarwal was planning the
stings in her meetings with Kulkarni. As a matter of fact, the first .
sting was carried out on IU Khan just two days after giving reply
to Arora's complaint. Further, from the transcript of the first sting E
carried out on RK Anand on May 6, 2007 it appears that he
too had expressed some apprehension of this kind to which
Kulkarni responded by saying that he did not have money
enough to eat how could he do any recording of anyone. (It is
difficult to miss the irony that the exchange took place while RK F
Anand was actually being subjected to the sting). It thus
appears that at that time, for some reason, the smell of sting
was in the air. In those circumstances we find it strange that in
the affidavits filed on behalf of NDTV there should be absolutely
no reference to Vikas Arora's complaint. In the earlier part of G
the judgment we have examined the affidavits filed by Poonam
_, Agarwal and found that she states about all the aspects of the
sting operations in great detail. But surpri::-ingly those affidavits
do not even refer to, much less deal with the complaint of Vikas
Arora despite the striking similarity between the threat that was
H
1180 SUPREME COURT REPORTS (2009) 11 S.C.R.

A allegedly given to him and his senior IU Khan and the way the
sting operation was actually carried out on IU Khan.

190. There is another loose end in the whole matter.
Kulkarni's sting meeting with IU Khan had ended with fixing up
another meeting for the following Sunday at the latter's
B
residence. (It was the setting up of this meeting that is primarily
the basis for holding him guilty of misconduct as the Special
Public Prosecutor). One should have thought that this meeting
would surely'take place because it provided a far better
opportunity for the sting. With 'good Scotch whisky' flowing it
c was likely that the planners of the stings would get more
substantial evidences of what they suspected. But we are not
told anything about this meeting: whether it took place or not?
If it took place what transpired in it and whether any sting
recording was done? If it did not take place what was the reason
D for not keeping the appointment and giving up such a good
-
opportunity. Here it may be noted that Kulkarni also in his
affidavit filed before the High Court on August 6, 2007 stated
that as arranged between them he again met IU Khan in the
evening but the sting recording of that meeting was withheld
E by NDTV because that falsified their story. Kulkarni, as was his
wont, might be telling lies but that was an additional reason for
NDTV to clarify the issue regarding the second meeting
between the two.

, 191. The next meeting between Kulkarni and IU Khan that
F
was fixed up in the sting meeting on April 28, 2007 might or
might not have taken place but there can be little doubt that they
met again between April 28, 2007 and May 31, 2007 (the day
following the first sting telecast) when Kulkarni gave IU Khan
the 'certificate' that he had accepted the summons on his
G advice (which was submitted by IU Khan before the trial court
when he withdrew from thP. case).

192. The affidavits filed on behalf of NDTV are completely
silent on these aspects.
H
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1181
[AFTAB l4:LAM, J.]

193. These omissions (and some similar others) on the A
part of NDTV leave one with the feeling that it was not ,sharing
all the facts within its knowledge with the court. Tha disclosures
before the Court do not appear to be completely open, full and
frank. It would tell the court only so much as was necessary to
secure the conviction of the proceedees-wrong doers. There B
were some things that it would rather hold back from the court.
We would have appreciated the TV channel to make a fuller
• disclosure before the High Court of all the facts within its
knowledge.

194. Having said all this we would say, in the end, that for c
all its faults the stings and the telecast of the sting programme
by NDTV rendered valuable service to the important public
cause to protect and salvage the purity of the course of justice.
We appreciate the professional initiative and courage shown
,. by the young reporter Poonam Agarwal and we are impressed D
by the painstaking investigation undertaken by NDTV. to
uncover the Shimla connection between Kulkarni and RK
Anand.

195. We have recounted above the acts of omission and E
commission by NDTV before the High Court and in the telecast
of the sting programme in the hope that the observations will
help NDTV and other TV channels in their future operations and
programmes. We are conscious that the privately run TV
channels in this country are very young, no more than eighteen
F
or twenty years old. We also find that like almost every other
sphere of human activity in the country the electronic news
media has a very broad spectrum ranging from very good to
unspeakably bad.
196. The better news channels in the country (NDTV being G
one of them) are second to none in the world in matters of
coverage of news, impartiality and objectivity in reporting, reach
to the audience and capacity to influenc2 public opinion and
are actually better than many foreign TV channels. But that is
not to say that they are totally free from biases and prejudices H
1182 SUPREME COURT REPORTS [2009] 1"i S.C.R.

A or they do nor commit mistakes or gaffes or they some times
do not tend to trivialise highly serious issues or that there is
nothing wanting in their social content and orientation or that
they maintain the same standards in all their programmes. In
quest of excellence they have still a long way to go.
B
197. A private TV channel which is also a vast business
venture has the inherent dilemma to reconcile its business
interests with the higher standards of professionalism/demands
of profession. The two may not always converge and then the
TV channel would find its professional options getting limited
C as a result of conflict of priorities. The media trips mostly on
TRPs (television rating points), when commercial
considerations assume dominance over higher standards of
professionalism.

D 198. It is not our intent here to lay down any reformist
agenda for the media. Any attempt to control and regulate the
media from outside is likely to cause more harm than good.
The norms to regulate the media and to raise its professional
standards must come from inside.

E ROLE OF THE LAWYER
199. The other important issue thrown up by this case and
that causes us both grave concern and dismay is the decline
of ethical and professional standards among lawyers. The
F conduct of the two appellants (one convicted of committing
criminal contempt of court and the other found guilty of
misconduct as Special Prosecutor), both of them lawyers of
long standing, and designated Senior Advocates, should not
be seen in isolation. The bitter truth is that the facts of the case
G are manifestation of the general erosion of the professional
values among lawyers at all levels. We find today lawyers
indulging in practices that would have appalled their
predecessors in the profession barely two or three decades
ago. Leaving aside the many kinds of unethical practices
H indulged in by a section of lawyers we find that even some highly
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1183
[AFTAB ALAM, J.]
;.
successful lawyers seem to live by their own rules of conduct. A
We have viewed with disbelief Senior Advocates freely taking
part in TV debates or giving interviews to a TV reporter/anchor
of the show on issues that are directly the subject matter of
cases pending before the court and in which they are appearing
for one of the sides or taking up the brief of one of the sides B
soon after the TV show. Such conduct reminds us of the fictional
barrister Rumpole, 'the Old Hack of Bailey', who self
• deprecatingly described himself as an 'old taxi plying for hire' .
He at least was not bereft ot-p.rofesslcrnal values. When a young
and enthusiastic journalist invited him to a drink of Dom c
Perignon, vastly superior and far more expensive than his usual
'plank', 'Chateau Fleet Street', he joined him with alacrity but
when in the course of the drink the journalist offered him a large
sum of money for giving him a story on the case; 'why he was
defending the most hated woman in England', Rumpole ended
D
the meeting simply saying
"
"In the circumstance I think it is best if I pay for the Dom
Perignon"

200. We express our concern on the falling professional E
norms among the lawyers with considerable pain because we
strongly feel that unless the trend is immediately arrested and
reversed, it will have very deleterious consequences for
~
administration of justice in the country. No judicial system in a
democratic society can work' satisfactorily unless it is
F
supported by a bar that enjoys the unqualified trust and
confidence of the people, that share the aspirations, hopes and
the ideals of the people and whose members are monetarily
accessible and affordable to the people.

201. We are glad to note that Mr. Gopal Subramanium, G
the amicus fully shared our concern and realised the gravity of
the issue. In course of his submissions he eloquently addressed
us on the elevated position enjoyed by a lawyer in our system
of justice and the responsibilities cast upon him in
consequence. His Written Submissions begin with this issue H
1184 SUPREME COURT REPORTS [2009] 11 S.C.R.

A and he quotes extensively from the address of Shri M C
Setalvad at the Diamond Jubilee Celebrations of the Banglore
Bar Association, 1961, and from the decisions of this Court in
Pritam Pal vs. High court of Madhya Pradesh, 1993 Supp (1)
SCC 529 (observations of Ratnavel Pandian J.) and Sanjeev
B Datta, In Re, (1995) 3 SCC 619 (observations of Sawant J. at
pp 634-635, para 20).

202. We respectfully endorse the views and sentiments
expressed by Mr. M.C. Setalvad, Pandian J. and Sawant J.

C 203. Here we must also observe that the Bar Council of
India and the Bar Councils of the different states cannot escape
their responsibility in this regard. Indeed the Bar council(s) have
very positively taken up a number of important issues
concerning the administration of justice in the country. It has
o consistently fought to safeguard the interests of lawyers and it
has done a lot of good work for their welfare. But on the issue
of maintaining high professional standards and enforcing
discipline among lawyers its performance hardly matches its
achievements in other areas. It has not shown much concern
E even to see that lawyers should observe the statutory norms
prescribed by the Council itself. We hope and trust that the
Council will at least now sit up and pay proper attention to the
restoration of the high professional standards among lawyers
worthy of their position in the judicial system and in the society.

F This takes us to the last leg of this matter.

THE LARGER ISSUE: BMW TRIAL GETTING OUT OF
HAND:

204. Before laying down the records of the case we must
G also advert to another issue of great importance that causes
grave concern to this Court. At the root of this odious affair is
the way the BMW trial was allowed to be constantly interfered
with till it almost became directionless. We have noted
Kulkarni's conduct in course of investigation and at the
H commencement of the trial; the fight that broke out in the court
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1185
[AFTAB ALAM, J.]
.l
premises between some policemen and a section of lawyers A
over his control and custody; the manner in which Hari Shankar
Yadav, a key prosecution witness turned hostile in court; the
curious way in which Manoj Malik, another key witness for the
prosecution appeared before the court and overriding the
prosecution's protest, was allowed to depose only to resile from B
his earlier statement. All this and several other similar
developments calculated to derail the trial would not have
... escaped the notice of the Chief Justice or the judges of the
Court. But there is nothing to show that the High Court, as an
institution, as a body took any step to thwart the nefarious c
activities aimed at undermining the trial and to ensure that it
proceeded on the proper course. As a result, everyone seemed
to feel free to try to subvert the trial in any way they pleased.

205. We must add here that this indifferent and passive
attitude is not confined to the BMW trial or to the Delhi High 0
Court alone. It is shared in greater or lesser degrees by many
other High Courts. From experience in Bihar, the author of these
lines can say that every now and then one would come across
reports of investigation deliberately botched up or of the trial
being hijacked by some powerful and influential accused, either E
by buying over or intimidating witnesses or by creating
insurmountable impediments for the trial court and not allowing
the trial to proceed. But unfortunately the reports would seldom,
" if ever, be taken note of by the collective consciousness of the
Court. The High Court would dontinue to carry on its business F
as if everything under it was proceeding normally and smoothly.
The trial would fail because it was not protected from external
interferences. Every trial that fails due to external interference
is a tragedy for the victim(s) of the crime. More importantly,
every frustrated trial defies and mocks the society based on G
the rule of law. Every subverted trial leaves a scar on the
• criminal justice system. Repeated scars make the system
unrecognisable and it then loses the trust and confidence of the
people. Every failed trial is also, in a manner of speaking, a
negative comment on the State's High Court that is entrusted H
1~86 SUPREME COURT REPORTS [2009] 11 S.C.R.

A with the responsibility of superintendence, supervision and
control of the lower courts. It is, therefore, high time for the High
Courts to assume a more pro-active role in such matters. A step
in time by the High Court can save a criminal case from going
astray. An enquiry from the High Court Registry to the
B concerned quarters would send the message that the High
Court is watching; it means business and it will not tolerate any
nonsense. Even this much would help a great deal in insulating
a criminal case from outside interferences. In very few cases
where more positive intervention is called for, if the matter is
c at the stage of investigation the High Court may call for status
report and progress reports from police headquarter or the
concerned Superintendent of Police. That alone would provide
sufficient stimulation and pressure for a fair investigation of the
case. In rare cases if the High Court is not satisfied by the
status/progress reports it may even consider taking up the
0
matter on the judicial side. Once the case reaches the stage
of trial the High Court obviously has far wider powers. It can
assign the trial to some judicial officer who has made a
reputation for independence and integrity. It may fix the venue
of the trial at a proper place where the scope for any external
E interference may be eliminated or minimized. It can give
effective directions for protection of witnesses and victims and
their families. It can ensure a speedy conclusion of the trial by
directing the trial court to take up the matter on a day-to-day
basis. The High Court has got ample powers for all this both
F on the judici~J and administrative sides. Article 227 of the
Constitution of India that gives the High Court the authority of
superintendence over the subordinate courts has great
dynamism and now is the time to add to it another dimension
for monitoring and protection of criminal trials. Similarly Article
G 235 of the Constitution that vests the High Court with the power
of control over sub-ordinate courts should also include a
positive element. It should not be confined only to posting, •
transfer and promotion of the officers of the subordinate
judiciary. The power of control should also be exercised to
H protect them from external interference that may sometime
R.K. ANAND v. REGISTRAR, DELHI HIGH COURT 1187
[AFTAB ALAM, J.]
appear overpowering to them and to support them to discharge A
their duties fearlessly.

206. In light of the discussions made above we pass the
following orders and directions.

1. The appeal filed by IU Khan is allowed and his B
conviction for criminal contempt is set aside. The
period of four month's prohibition from appearing
in Delhi High Court and the courts sub-ordinate to
it is already over. The punishment of fine given to
him by the High Court is set aside. The Full Court c
of the Delhi High Court may still consider whether
or not to continue the honour of Senior Advocate
conferred on him in light of the findings recorded in
this judgment.
D
2. The appeal of RK Anand is dismissed subject to
the notice of enhancement of punishment issued to
him as indicated in paragraph 165 of the judgment.
He is allowed eight weeks time from the date of
service of notice for filing his show-cause.
E
3. Those of the High Courts which have so far not
framed any rules under section 34 of the Advocates
Act, shall frame appropriate rules without any further
delay as directed in paragraph 147 of the judgment.
F
4. Put up the appeal of RK Anand after the show-
cause is filed.

G.N. Appeals disposed of.