The Supreme Court on Friday upheld the conviction of Sanjeev Nanda in the 1999 BMW hit-and-run case and reduced the sentence of imprisonment to the one which he had undergone. It, however, directed him to do two years of community service.
However, in a departure from other criminal cases, a Bench of Justices Deepak Verma and K.S. Radhakrishnan held that Nanda, whose BMW ran over six persons, including three policemen in January, 1999, would have to deposit Rs. 50 lakh with the Union Ministry of Social Justice and Empowerment. The Ministry was asked to create a fund so that the victims of similar hit-and-run cases could be provided adequate compensation.
The Bench criticised Nanda for being insensitive to those fatally injured in the accident.
The Judges described the haste in which he sped away from the spot as “reprehensible.” They said he was interested in his own safety, than saving the victims’ lives.
The Bench said the Ministry of Social Justice and Empowerment would decide in two months what kind of community service Nanda should perform. It, however, made it clear that if he failed to comply with the directions, he would have to undergo one year of simple imprisonment.
The trial court had convicted Nanda under Section 304-II of IPC (culpable homicide not amounting to murder) and sentenced him to 5 years imprisonment. In July 2009, the Delhi High Court reduced his prison term from five to two years.
The court held him guilty only under IPC Section 304-A (causing death due to rash and negligent act).
Modifying this, the Bench upheld his conviction on the charge of culpable homicide not amounting to murder.
I am disturbed by this judgement, as it sends a signal that those who
can afford to pay a lot of money can get away.
He should have been given a harsher punishment.
Imposing a fine is no substitute for serving jail time (which sends an
unambiguous signal about the reach of law to the criminal elements).
Well, This is what would happen if we keep quit for everything else. Not sure how many lives would have been saved had if reacted differently to corruption. We kept quit. Corruption kills lots people than this accident. If there is no revolution, there won't be any change, ever. We selfish Indians would never imagine that this can happen to us too and lodge a protest. All we care for is a day wage that we would lose if we don't turn up for the work.
One more glaring example of law being differentiating between the rich
and the poor. It is just shocking to see that supreme court judges see
nothing wrong in a reckless driver getting away with just 2 years of
imprisonment? It is very clear that we have absolutely no respect for
lives of 7 people and their families, three of them policemen. And
what is this new notion of community service, I thought it was just
meant for juvenile cases! This is just bizarre and beyond any
justification. What signal our supreme court is giving to the public
at large?? A day of great shame and great sadness for Indians.
SC is the guardian of law and constitution and must operate within the ambit of law. SC cannot create law . If Rs 50 lakh is to be deposited by the accused, is it not necessary for SC to say under what law it is awarding this punishment?
The real problem in India is two-fold: 1.The general public has an
extremely short-term and forgiving memory. In two months no-one will
remember who Sanjeev Nanda is, except that he's very rich. 2.No-one
has the patience or the diligence to understand and respect court
judgements. The reason that most modern countries have a detailed
criminal justice system and that the Courts of those countries put in
so much effort to see that the system is respected on both sides of a
trial is that animal justice is unacceptable by modern standards. The
Iranian system which allows for whipping and stoning is not the
emulative Standard.. Admonitions against a person issued by a court
should be given the maximum possible weight in all further contact or
dealings with that person. That doesn't happen in India. In India, all
that matters is jail time and fines, which is why the rich get away
with it. Those that can put up with fines and some jail time get away
with it because the rest allow them to.
Can anyone clarify whether "community service" is provided as substitute or additional one to the list of punisments listed in the concerned Act under which the Supreme Court has imposed punisment on the accused?
Well.. going through most of above comments.. what i say this the system which having its own conveiniance..Supreme Court interpret the things in broader way.. Paying money for get rid of crime is not new India and now this trend has reached aupto apex` level. God where we heading.
How can the supreme court give such a judgement? This is the difference
for the layman and these 'rich so-called high class people' ( who live
by the money of citizens) who commit crimes? So, openly they are bribing
everything and we the people of India and the 'Media' is accepting it?
This, question will remain unanswered.I am very sure.
What is this community service? Is it just aping of western style punishments? Will Mr Nanda clean toilets in a govt office? Who will ensure he does community service?
This is clear evidence and proof of failure of the Judicial system in India.
It is insane for these Judges not to punish this criminal who ran away from the accident scene with appropriate punishment.
Prior to this judgement i was under the impression that SC is the last hope of innocents who expect justice.
This means anyone who had loads of money have not to worry just pay a lump sump amount and be free, doesnot matter if you have killed many people, though unintentionally.
Great!
Big shame on legal system. Judgements are on sale! The people should stand up and expose this to public. Money and political power can do any thing in India. In my own state, Andhra a senior sitting judge got 50 crores to give bail to Gali Janardhan Reddy, ex-minister of Karnataka, a well known illegal mine mafia/Don. What a sad state of judiciary system! We should SCRAP THE current system and should be outsourced to western countries...God save India!
Cannot believe this judgement !! Kills 6 people and runs away. The judges label this behaviour "highly reprehensible" and then just 2 years in jail?? Any more proof needed that we are a bananna republic?
Can anyone now fault the Naxalites, Maoists when the rich and famous of the country mow
down the Aam admi with their fancy machines on the streets and pavements? All that the
Highest Court of the land says is the act is reprehensible and lets the dastardly criminal walk
away by paying 'blood money' not to the dependents of the victim but to another heartless
player in the drama The State. Should the people of India say thanks to the Court for not
holding those killed for sleeping on pavement responsible for their death? Strange laws,
stranger judgment and strangest justices!
I'm shocked to see Supreme Court judges can also be bought? I though Shri Kapadia have eroded it.
This judgement is a fit case for filing a revision petition .It is unfortunate the judges have
chosen to tale such a lienient view of such a grievous crime at a time when the public
perception about integrity of judiciary is at its lowest ebb.
Good judgement! Cost of an Indian Rs 8 lakh and 3 months community service. But then those who were mowed down were not INDIANS. They were poor hapless people of this country and they need not take any in priding themselves as Indians. God save this country!
I knew Indian justice system is no good but it is so rotten that I never imagine. One man kills 6 people and he gets community service for two years as punishment.
Whatever happened cannot be replenished. Even the pile of money belonging to "The Nandas" cannot bring those 6 victims back. But the angle from which the Honourable Supreme court is seeing this is " To change the view of the Culprit". Change brings changes. We are not a part of some Barbaric society where ending the culprit ends the crime.We should think of changing the thought process.Thats what this verdict is all about.2 years of jail and 2 years of social service(If done honestly) can bring a sustainable change which can be an example for millions alive.
instead a grandson of former Naval Chief,if he would be a son of a
middle class' family,how he pay 50 lakhs?
its prove that jail is for poor.
I appreciate the verdict of Supreme Court. Nobody has ever questioned why those people were sleeping on foot path? I am not justifying Sanjeev's negligent driving and cowardice act of fleeing instead of helping the victims. But has ever anybody tried to ask this question? WHY PEOPLE HAVE TO SLEEP ON FOOT PATH? Being a socialist society, Govt is bound to take care of the helpless. Instead crores of rupees are swallowed in the name of some martyred Politician and nobody question them. Instead everyone including media make a person scape goat (probably because he drives a BMW! oh its a costly car! That guy must be arrogant! he deserves death penalty! Blah Blah) And what about the GOVT??? All are hypocrites fulfiling their own interests.
The Supreme Court is regarded as the Guardian of the Constitution. If
this is the way the Supreme Court is looking at the things, no one will
have faith in the judicial system which is to guarantee equal justice to
all. The Supreme Court verdict in the Nanda case demonstrates that the
rich and influential are above the laws of the land.
Very sad indeed; a person so irresponsible and inhuman to run away
from accident spot after mowing six victims, is given reprieve - his
money power and status dictated the judgement? Ok accident happened
due to negligence - least he could have done is to help victims get
treated in hospital and surrender to police, as a true honest citizen;
he failed. And now asked to do social service ! Ha ha !! what type ??
He will manage it all through paid servants with his power and
prestige. The hapless injured sufferers can not get back their lives;
Yet -- Oh God ! please save us from this type of "justice"= Punish the
guilty severe is all we can pray for now !!
Interesting! The court has started a trend: payment crimes. If you murder or molest, it is okay, just pay up. What next? Banks may offer loans at a very high interest rates to fund these payments. Phew!
Is it a joke, two years of community service for moving down six people. This is not
punishment but encouragement for such acts.
Where is the justice and equality? If by accident a truck driver would
have done this, then first he would have been exposed to vigilante
justice and mob lynching, then must have been sent to jail for decade.
The Indian political and judicial system is flawed and now cannot be
changed.It is correct "the top 1% rule the rest of the 99%, we just
believe in vain that our votes amount to something"
A point is clear the Supreme Court had viewed this case from money bag angle and
big name and the victims were from the lowest rung of society. So who is powerful ? Inequality before law is the law of the land. What community service for a person with no remorse, no feeling and this guy belonged to family who were supposed to defend the country. Pity the Supreme Court for such short shorted decision. Value of life of common man is NIL in Supreme Court.
More than 12 years after the accident this is the justice meted out to
Sanjeev Nanda.The victims and their families count for zilch.He needs to
man up and face the music.
Appreciable judgement as both sides say Mr.Nanda as well as our society will be in win win position.
What the heck the Supreme Court is telling? If I have loads of money to distribute, I can escape jail? It is height of absurdity. Are we going to lose faith in the Supreme Court as well?
So how much time will he really spend in jail?
I am appalled as ever, about our Judicial system, where reforms are way, way overdue. Should have happened in the 70's. Guess who did not want it to happen, by 'buying out' the judges? Indira Gandhi.
"Highly Reprehensible" - Is this a joke? Our Judges feel that saying is all that matters, exactly the same as our political, & bureaucratic class. Action is the only thing that speaks the truth, and if Judges don't get that, then they are obviously in need of a 'revolutionary transformation'. That definitely they are in need of.
How many of our Lawyers and Judges sit with politicians, & bureaucrats, & the criminals, at the entire cost of professional decorum & ethics? If you do a consensus, it will be far more than 35-40%. You bet. And they want to emulate the British in having summer holidays, et al. For starters, culturally The British have a remarkable sense of standing up for themselves, which we Indians lack. We are more collective in nature.
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