Anand's Apology to Apex Court
Parthasarathi Loganathan
(Querist) 10 March 2010
This query is : Resolved
HOPE ALL OUR LEARNED BRETHREN MUST TAKE A CUE FROM THIS NEWS ITEM:
BMW CASE
Fearing more action, Anand says sorry to SC
Once a prominent criminal law practitioner and now stripped of his senior advocate designation after being convicted of trying to influence a prosecution witness in the infamous BMW hit-and-run case on the basis of a television sting operation, lawyer R K Anand has given up the fight to restore his honour, and apologised to the Supreme Court.
The tendering of apology and appealing for mercy by Anand came in response to a notice from the apex court to him on July 29 last year asking why the lenient punishment — banning him from practising in the Delhi High Court and its suborddinate courts for four months and a fine of Rs 2,000 — be not enhanced to make it commensurate with the gravity of his misconduct.
The SC had on July 29 said Anand’s offence was “grave” for which the punishment should be stringent than the “lenient” sentence given by the HC and had asked him to show cause why the punishment be not enhanced.
“The action of Anand in trying to suborn the court witness in a criminal trial was reprehensible enough but his conduct before the HC aggravates the matter manifold. He does not show any remorse for his gross misdemeanour and instead tries to take on the HC by defying its authority,” the Supreme Court had said while terming the punishment given to him by HC as “wholly inadequate and incommensurate to the seriousness of his
actions and conduct”.
Faced with the uneasy prospect of getting a higher punishment, Anand in his response tendered “sincere and unqualified apology” for all the acts alleged against him virtually accepting the guilt. He also withdrew insinuations against one of the high court judges who took the decision against him.
Anand said the infamy already inflicted on him through the HC and SC verdicts was punishment enough. The HC had convicted him on August 21, 2008.
VIEWS :
That is the power of Justice, Equity and Good Conscience.
Raj Kumar Makkad
(Expert) 10 March 2010
We all have to bow before the Rule of Law who so ever we may be.
While performing our duty as a lawyer we should not cross our limitations and should not become a party to the suit as some of our lawyer brothers do generally. The case of R. K. Anand can be a befitting reply to all such lawyers.
Guest
(Expert) 10 March 2010
OUR DUTIES
1 We will speak and write civilly and respectfuilly in all communications with the court.
2 We will be punctual and prepared for all court appearances so that all hearings, conferences, and trials may commence on time; if delayed, we will notify the court and counsel, if possible.
3 We will be considerate of the time constraints and pressures on the court and court staff inherent in their efforts to administer justice.
4 We will not engage in any conduct that brings disorder or disruption to the courtroom. We will advise our clients and witnesses appearing in court of the proper conduct expected and required there and, to the best of our ability, prevent our clients and witnesses from creating disorder or disruption.
5 We will not knowingly misrepresent, mischaracterize, misquote, or mis-cite facts or authorities in any oral or written communication to the court.
6 We will not write letters to the court in connection with a pending action, unless invited or permitted by the court.
Before dates for hearings or trials are set, or if that is not feasible, immediately after such date has been set, we will attempt to verify the availability of necessary participants and witnesses so we can promptly notify the court of any likely problems.
7 We will act and speak civilly to court marshals, clerks, court reporters, secretaries, and law clerks with an awareness that they, too, are an integral part of the judicial system
Arvind Singh Chauhan
(Expert) 10 March 2010
I do agree that no body is above than law.
All respected seniors! don't you think that courts or bar council have over expectations for decorum of court and obedience from lawyers only. No body cares about the humiliation of juniors practicing in lower courts by judicial staff. There are so many cases where judge may be guilty of self contempt of court but never heard stringent punishment or action against them. Even a clerk through the document in a bad manner if not properly filed. I always noted that if there is any allegation against a lawyer our judiciary and Bar Council take very active part and try to show transparency. Even after being engaged in gross corruption allegations so many judges of HC are protected under the garb of impeachment.
Guest
(Expert) 11 March 2010
I totally agree with my learned friends and most particularly with Sh. Arvind.
I also often wonder while watching T.V. news channels, that some advocates are referred as legal hawks and they are projected of having magic wand in their hands and they can turn innocent as accused and accused an innocent. These legal hawks, charge six figured amount for single appearance in the court, come on the T.V. screen with big smiles those spread from ear to ear and never try to erase the mythical aura created around their head that they know some thing more in criminal law, which, we humble people do not know. If the common people come to know how some of the legal luminaries are playing dirty games, i.e., prosecution witnesses are brought over and the complainants are either purchased or forced to submit to threats / muscle power and finally some of these legal luminaries play "face value" in the court giving it a polished name of "court craft", the people will understand the criminal justice system prevailing in India.
Kumar Thadhani
(Expert) 11 March 2010
Nothing more to add to expert's advice asabove.
Guest
(Expert) 11 March 2010
No one can take any excuse that why no action taken against other people for their misbehaviour... we only concerned about ourselves..what is our behaviour, what is our conduct, is important......if you are good to others, you are best to your self...
