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2008 Supreme(Del) 880

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


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Arvind Nigam, Adv. and Amicus Curiae
For Respondents/Defendant: R.K. Anand, I.U. Khan and Bhagwan Sharma, Party-in-Persons
For NDTV: Sanjay Jain, Sr. Adv., Vijay K. Sondhi, Varun Pareek and Kapil Arora, Advs.,
For Contemnor: Vinay Bhasin and Ashok Bhasin, R.K Anand and S.P. Kalra, Sr. Advs., Shivani Lal, Vishv Nidhi, Huzefa Ahmadi, H.R. Khan Suhel, Amaan Khan, Saif Khan and Munish Malhotra, Bhagwan Sharma, Advs.

JUDGMENT

Madan B. Lokur, J.

1. 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.

.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 an 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 Bench felt it expedient a















































































































































































































































































































































































































































































































































































































































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