Date:01/06/2007 URL: http://www.thehindu.com/2007/06/01/stories/2007060112820100.htm

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Court orders probe into BMW case sting operation

Staff Reporter

BMW hit-and-run case Public Prosecutor I. U. Khan at the Patiala House courts in New Delhi on Thursday after his withdrawal from the case in the wake of the NDTV sting operation. - PHOTO: SANDEEP SAXENA.

NEW DELHI: Even as the Delhi High Court on Thursday took suo motu cognisance of the sting operation by NDTV in the BMW hit-and-run case, the trial court ordered an inquiry into the same. It asked the TV news channel's Managing Editor and the reporters involved in the sting operation to appear before it on Friday along with the tapes.

A Division Bench of the High Court, comprising Chief Justice M. K. Sharma and Justice Sanjeev Khanna, directed the Registrar-General to collect the compact disc and documents pertaining to the sting operation and file a report on June 11.

In a telecast by the news channel on Wednesday, BMW case prime accused Sanjeev Nanda's lawyer R. K. Anand was shown discussing with eyewitness Sunil Kulkarni ways to bail out his client.

The footage also showed Special Public Prosecutor I. U. Khan talking to Kulkarni in his chamber, and asking him to meet "Bade Sahab".

On Thursday, Mr. I. U. Khan withdrew from the much talked about case, saying the operation had created a situation in which he could not continue with the case. A Delhi Government release later said Additional Public Prosecutor Rajiv Mohan had replaced Mr. Khan.

PTI reports:

In the eight-year-old case, Sanjeev Nanda, grandson of a former Navy Chief, is accused of running over and killing six persons while driving a BMW car in Delhi. Earlier on Thursday, while "seeking withdrawal" from the case, Mr. Khan told Additional Sessions Judge Vinod Kumar that the sting operation was defamatory, mischievous and aimed at settling scores. While he did not deny meeting Kulkarni in his chamber on April 28, he alleged that what was broadcast was "selective" and doctored.

Also, he added, a reporter from NDTV had been pestering him for either an interview in connection with the case or access to the case diary. When he refused citing professional reasons, she allegedly threatened to expose him, he charged.

Mr. Khan told the court that he sent a letter to NDTV in this regard and, subsequently, the channel apologised for "some misunderstanding". He had sent copies of the report to Delhi's Police Commissioner and the Chairman of the Press Council of India, Mr. Khan told the court.

Mr. Vinod Kumar said the sting operation required an inquiry by the court. "It is serious if it [sting operation] is not true, and it is serious if it is true," said the Judge. He also summoned Deputy Commissioner of Police (South) Anil Shukla to his chamber on Thursday to assist him.

After Mr. Rajiv Mohan as the newly appointed Public Prosecutor in the case told the court that he would be on leave from June 1 to 25, the Judge put off Kulkarni's cross-examination till Friday.Mr. R. K. Anand, who featured in the footage broadcast by NDTV on Wednesday, did not appear before the court on Thursday.