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TV AND PREACHERS-5

The difference between the morally timid sting against preacher and of the BMW case done by NDTV channel which has rocked the nation shows the real difference between what is public good resulting. It exposes a great flaw in our criminal justice system. It has been praised by the former Chief Justice of India, Shri P.N.Bhagwati, the famous K.T.Tulsi and the central minister Kabil Sibbal himself a well known lawyer practicing in the Supreme Court.

There have always been rumors of such perversion of justice in India. It is the very first time that sting operation has exposed it all. Compare it with what has been shown against preachers and you know the difference between a public spirited sting for a great public cause and the timid sting against preachers to create a sensation and boost the TRP ratings of a television channel.

Now read. See the website and read some extracts quoted here. http://www.ndtv.com/convergence/ndtv/ story.aspx?id=NEWEN20070013874

NDTV Correspondent Wednesday, May 30, 2007 (New Delhi) An NDTV investigation has revealed how the legal system may have been subverted in the high profile BMW case.

In 1999 six people were run over, allegedly by a BMW driven by Sanjeev Nanda, a young, rich industrialist. But eight years later every witness, except one, turned hostile. NDTV investigates how the prosecution, the defence, and the only witness, who has not turned hostile, Sunil Kulkarni collude. ......Two months ago, Kulkarni approached NDTV after watching the channel's expose on the BMW case. Kulkarni claimed he was under great  pressure from both sides- the Defence and the Prosecution, to change his original statement . He offered to prove this on hidden camera. But just before his testimony began, he withdrew his initial consent. After consulting legal opinion, NDTV broadcast the story in public interest. ...His first meeting was with the prosecutor on April 28.

Kulkarni: Why have I been summoned now? Khan: We dropped you. The court has called you.

Kulkarni: I think the state asked you to drop me, right? ...The public prosecutor then asked if the witness has met bade sahib. Kulkarni claims the bade sahib they are talking about is R K Anand, the lawyer representing Sanjeev Nanda.

Khan: You've met bade sahib?

Kulkarni: No Khan: Really?

A few days later the witness meets R K Anand, Sanjeev Nanda's defence lawyer at the airport. Kulkarni meets Defence Lawyer R K Anand on May 6

Kulkarni: Khan has told you that he met me. Anand: Yes ....Kulkarni: Should I ask for Rs 2.5 crore?

Anand: Ask for Rs 5 crore and I will cross-examine you.

It doesn't end here. R K Anand has another meeting with Kulkarni in his own car. Here Anand negotiates on behalf of the Nandas. Defence Lawyer meets Prosecution Witness on May 8 ...A few hours later Kulkarni claims he is asked to meet Anand's assistant at a crowded market near Anand's office.  He introduces Kulkarni to a man sent to negotiate how much Kulkarni will be paid to change his testimony.

Kulkarni: And things like changing my testimony- that Khan and boss Mr. Anand have to decide. And I will not meet Nanda alone. And no other lawyer should be involved. This is my condition. ...

Kulkarni: Payment by tomorrow?

( Written on the night of 30/31 May 2007 as the story is being broadcast by NDTV Hindi.)