Nanda, sentenced to five years in jail by the trial
court in September last year, had alleged his trial stood
"vitiated" as it was marred with "judicial unfairness"
as the sessions judge suffered "personal prejudice" against
"I do not find that the learned trial court exceeded or
over-reached the parameters in making certain observations in
the order under challenge," Justice Kailash Gambhir said.
Senior advocate Ram Jethmalani had accused the trial
court judge of giving a "private hearing" to Sunil Kulkarni,
a controversial eye-witness, during the recording of his
It was also alleged that a reference of the sting
operation was made to the High Court without affording an
opportunity to Nanda.
"Role of a judge in dispensation of justice after
ascertaining the true facts no doubt is a very difficult
one...A judge cannot keep himself unconcerned and oblivious to
various happenings taking place during the progress of trial
of any case," the court said.
Endorsing the reference of the sting operation --
telecast during the trial -- Justice Gambhir said the trial
court could not have remained oblivious of it, exposing the
"unholy nexus" between the defence and the prosecution.
"Merely because a judge actively participates in the
proceedings would not mean that he is not neutral and has
deviated from the path of truth," the court said.
New Delhi: The Delhi High Court on Monday came
to rescue of the trial court judge who was accused by Sanjeev
Nanda of judicial unfairness during the trial in BMW
First Published: Monday, July 20, 2009, 22:42