Senior advocate R K Anand, facing contempt proceedings in the BMW sting operating case, claimed in the Delhi HC that the VCDs of the sting had been 'tampered with'.
NEW DELHI: Senior advocate R K Anand, facing contempt proceedings in the BMW sting operating case, on Monday claimed in the Delhi High Court that the video compact discs (VCDs) of the sting had been 'tampered with'.
"It is a classic case of tampering. The time counters of the VCDs, supplied to the Court by the channel, have shown jumps and this indicates that they have been tampered with," Anand submitted before the bench of Justices Manmohan Sarin and Madan B Lokur.
Citing a Supreme Court judgement, the senior advocate said the videotapes, which depict time of initiation of the recording, should be consistent. Inconsistencies, if any, adversely affect their reliability as credible evidence, he said.
"This is a quasi-criminal proceeding and according to the law of evidence, any tape-recorded evidence should be proved beyond reasonable doubt," he said.
Earlier, Arvind Nigam, the amicus curiae (friend of court) who is assisting the court, read the affidavits filed by NDTV and cited excerpts from the written texts of the sting operation to drive home the point that there was collusion among key witness Sunil Kulkarni, Anand and senior prosecutor I U Khan.
The arguments remained inconclusive and would continue tomorrow.
The Court on May 31 last year had taken suo motu cognisance following the telecast of a sting operation by a TV channel showing Anand, in collusion with prosecution counsel I U Khan, allegedly offering money to Kulkarni to depose in favour of Sanjeev Nanda, the prime accused in the eight-year-old BMW hit-and-run case.
Nanda, the grandson of retired Naval Chief Admiral S M Nanda, is accused of mowing down six persons, including three policemen, with his BMW car on January 10, 1999.
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