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2008 Supreme(Del) 883

MANMOHAN SARIN, MADAN B.LOKUR
Court on its own motion – Appellant
Versus
State – Respondent


Advocates Appeared:
Arvind Nigam and Amicus Curiae, for Petitioner; Sanjay Jain, Sr. Counsel with Vijay K. Sondhi, Varun Pareek and Kapil Arora, for NDTV, Vinay Bhasin and Ashok Bhasin, Sr. Counsels with Ms. Shivani Lal and Vishv Nidhi, for contemnor, R.K. Anand along with R.K. Anand in person P.P. Rao Sr. Counsel with Huzefa Ahmadi, H.R. Khan Suhel, Amaan Khan and Saif Khan, for contemnor, I.U. Khan in person, S.P. Kalra, Sr. Counsel with Munish Malhotra, with contemnor Bhagwan Sharma in person, for Respondents.

Judgement

MADAN B. LOKUR, J. :-

The question for our consideration is whether Mr. R. K. Anand and Mr. I. U. Khan, Senior Advocates and Mr. Sri Bhagwan Sharma, Advocate have committed criminal contempt of Court or not. We have found Mr. Anand and Mr. Khan guilty of criminal contempt of Court for reasons recorded in the judgment. Neither of them had tendered any apology or demonstrated contrition or repentance for their actions. Accordingly, towards the end of the judgment, we have pronounced the punishment awarded to them. We have found Mr. Sri Bhagwan Sharma not guilty of criminal contempt of Court.

Background facts :

2. On 30th May, 2007 a TV news channel 'NDTV' carried a report relating to a 'sting' operation. The report concerned itself with the role of a defence lawyer and the Special Public Prosecutor in the ongoing Sessions trial in what is commonly called the 'BMW case'.

3. On 31st May, 2007 a Division Bench of this Court, on its own motion, registered a writ petition being WP (Crl.) No. 796 of 2007 since it was of the opinion that if the reported contents were true, they raise serious issues concerning criminal justice administration. Under these circumstances, the Division Ben
































































































































































































































































































































































































































































































































































































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