BY Ramneek Singh
The famous BMW case gave a jolt to the wealthy parents who shower their children with expensive gifts like a luxury car or a membership to an exclusive club. But the situation does not seem to have improved a bit.
Sanjeev Nanda, the grandson of former Admiral S M Nanda and son of international arms-dealer Suresh Nanda, is facing trial for allegedly mowing down seven persons(including two corps) with his BMW car in the wee hours of 10th January, 1999. He was accompanied by two of his friends, Manik Kapoor and Siddharth Gupta, in the speeding car while returning from a night party when the accident took place. After the gruesome incident, the severly traumatised lad chose to speed to the Golf Links bungalow of his friend and Sanjeev Nanda the grandson of former Admiral S M Nanda, and son of International arms-dealer Suresh Nanda is facing trial for allegedly mowing down seven persons(including two corps) with his BMW car in the wee hours of 10th January, 1999. co-accused, Siddharth Gupta, whose father and his staff washed off from the bumpers and bonnet of the car the blood and vestiges of the victims, which in legal terms is defined as destroying material evidence. Inspector Jagdish Pandey, who traced the BMW by trailing the oil leak from the accident spot to Siddharth Gupta’s garage, found the brand-new car, with foreign number plates, which had not been registered in India. Sanjeev, when brought to the police station, had some injuries on his lips and was still under the influence of alcohol. The police could not recover Sanjeev’s passport, driving licence, car keys, and clothes from him.
An application was immediately moved for an immediate remand in order to prevent their flight from the country, as Sanjeev was in India on holiday from pursuing a Master’s in business He spent his 21st birthday in Tihar . management in Philadelphia, and co-accused Manik Kapoor was vacationing from his studies in London. After being imprisoned to jail, the bouncing 21-year old suddenly developed chest pains and had to be hospitalized, but was soon brought back within the walls of the jail. He spent his 21st birthday in Tihar. It was argued on behalf of the defence that the accused be granted bail u/s 304A of the IPC, as he was liable for only ” a case of accident caused by rash and negligent driving” and that the police had It was argued on behalf of defence that the accused be granted bail u/s 304A of the IPC as he was liable for only ” a case of accident caused by rash and negligent driving” and that the police had wrongly registered the case u/s 304 IPC, “culpable homicide not amounting to murder- a non bailable offence invoking imprisonment for life or up to ten years, or fine, or both”. wrongly registered the case u/s 304 IPC, “culpable homicide not amounting to murder- a non bailable offence invoking imprisonment for life or up to ten years, or fine, or both”. This way, Siddhartha and Manik were given bail while Sanjeev was sent to judicial custody.
Preliminary investigations in the case indicated that the speed of the BMW would probably have been around 140 km/h when it hit the pedestrians and the police patrol. The gruesome deaths of the sole bread winners of six families can give jolt to anybody’s soul. None of the accused was nave about What is the likelihood of Sanjay and Manik’s doing the same thing after getting drunk in Philadelphia or London? Could they have been let off easily under the given circumstances in those foreign countries where the laws are very stringent even for small crimes and more harshly implemented? the consequences of their actions, but they thought that they could get away by using their influential connections. And why not, when everything is possible with the power of money? It’s all a game of money and power, and he who has it becomes the winner. There is another angle to the case that can not be ignored. What is the likelihood of Sanjay and Manik’s doing the same thing after getting drunk in Philadelphia or London? Could they have been let off easily under the given circumstances in those foreign countries, where the laws are very stringent even for small crimes, and more harshly implemented? Had they been in those countries, they would have never even thought of taking such a risk and play with the lives of innocent people. Why do they become such safe drivers there and act like spoilt brats when it comes to their own soil?
Sanjeev, the young scion of a wealthy, influential family, has now been given permission to travel abroad to attend an 18 day business related workshop, after furnishing a bond and sureties of Rs. 450 million by the Delhi High Court, which amount has further been substantially reduced to a personal bond of Rs. five crore and three sureties totalling Rs. 14 crore, to ensure his return to face trial in the case. This came in the wake of Nanda’s counsel citing Hindujas’ case as one of the grounds for granting him permission. The prosecution was apprehending that if Sanjeev was allowed to go abroad, he might not come back as he is a British national.
Nanda’s family has paid a compensation of Rs 10 lakh to each victims’ family and Rs 5 lakh to a surviving victim. Sanjeev, who remained in judicial custody for several months, is now out on bail and by this time his case has become stronger as the only survivors of the accident has changed his testimony in Court. Within less than one year, the BMW has transformed into a truck of vegetables that hit the victims. Look at the speed with which the witness are bought and sold. Media reports allege that the families of the accused purchased the silence of the witness. Police has cited about 60 witnesses in the case and half of them had been examined by the court. All the key witnesses, however, turned hostile in the court as they retracted from their statements given earlier to the police. A hostile witness is Sanjeev, who remained in judicial custody for several months, is now out on bail and by this time his case has become stronger as the only survivors of the accident has changed his testimony in Court. one who, during the course of his evidence before the court, denies his statements given earlier. Put more bluntly, a hostile witness can be said to be committing perjury or giving false evidence or misleading the court, which is an offence under law.
Witnesses turn hostile due to a number of reasons, the most common being threats and intimidation from the accused side. Since trials can drag on endlessly, witnesses live in constant fear of the accused, who are often Witnesses turn hostile due to a number of reasons, the most common being threats and intimidation from the accused side. released on bail. Delayed trials also result in witnesses not being able to recollect events as and clearly as when the crime happened.
Another reason is the tendency of the investigating officers to exaggerate the events during investigation, with the intent of making the case stronger. Delayed trials, unsympathetic law enforcement machinery, bribery and corruption, total absence of any kind of security to the victims, and extraordinary abuse of power by the moneyed and powerful. This puts the witness in a state of dilemma while facing a belligerent cross-examination by the defence lawyer. To compound this, prosecutors do not spend much time with the witnesses, building their confidence or guiding them to face the cross-examination. Neither are the police sympathetic to their plight. Class and caste bias operate at all levels. The situation has reached such a stage that, in cases relating to less grave offences, there are certain “stock witnesses” who give evidence in trials. These witnesses can be found around the courts and everyone knows who they are. The scenario is indeed bleak. Delayed trials, unsympathetic law enforcement machinery, bribery and corruption, total absence of any kind of security to the victims, and extraordinary abuse of power by the moneyed and powerful. Is it any surprise that witnesses are turning hostile and justice gets delayed?