BMW case: SC declines urgent hearing to R K Anand's plea

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New Delhi, Dec 4 (UNI) The Supreme Court today declined to give urgent hearing to the application filed by leading Delhi lawyer R K Anand seeking allotment of his case, in which Delhi High Court has initiated suo motu contempt of court proceeding against him following a sting operation carried out by NDTV news channel, to a bench of High Court in which Justice Manmohan Sareen is not sitting.

A bench comprising Justices Arijit Pasayat and P Sadasivam told senior counsel Rajib Dutta appearing for the petitioner, ''it is for the Judge to say that he is recusing himself from the bench, and a lawyer cannot say it as he cannot be allowed to indulge in bench hunting.'' The bench also told the petitioner his application is already listed for hearing on December 14 and there is no urgency in the matter.

Earlier, Justice Sareen had dismissed the application of Mr Anand seeking transfer of his case to some other bench.

Mr Anand in his petition, has contended that a free and fair trial is not possible if Justice Sareen is not removed from the bench hearing his case, as the Judge is biased against him.

Mr Anand and Mr I U Khan, who was a special Public Prosecutor in the BMW case, are facing allegations of trying to win over a prosecution witness Sunil Kulkarni to save the main accused Sanjeev Nanda, grandson of former Indian Navy Chief S M Nanda.

Six persons were mowed down by a BMW car being driven by Sanjeev Nanda in 1999 in Delhi.

The apex court also told the petitioner, ''we are looking at it with a different perspective. If we entertain your case, practically there will be a bench hunting.'' UNI

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