Sanjeev Nanda

Sanjeev Nanda (born 1978) is a businessman and the son of Suresh Nanda, an Indian arms dealer, head of the firm Crown Corporation and an ex-naval officer, implicated in a Tehelka expose. He is also the grandson of an ex-Chief of Naval Staff-turned businessman, S. M. Nanda from New Delhi. Sanjeev has been convicted for running over and killing six people, including three policemen.[1] The case attracted enormous media attention, and was viewed by many as "a test of the judicial system's ability to take on the powerful".[1] Nanda is also one of the principals in the weapon trading firm Crown Corporation started by his father, Lt. Commander Suresh Nanda (ex-Indian Navy). He also owns several hotels.

Sanjeev Nanda, a management graduate from INSEAD and Wharton, was allegedly in a drunken state when he drove his BMW car at high speed through a police checkpoint at 4:50 AM early morning of January 10, 1999. After running through the policemen, he allegedly stopped the car to check the damage, saw people under the car, and according to the prosecution, at this point co-passenger Manik Kapoor said: ‘‘Let’s go,’’ and they quickly drove away.[2] The car was later cleaned up by servants at a friend's house.

In the initial court case, Sanjeev and five others were acquitted after many years because the court did not find any of the witnesses reliable and the defense was able to make the case that it was perhaps a truck and not the BMW that had caused the deaths. All the accused were released, resulting in a sharp drop in public confidence in the legal system, since it was widely believed that the witnesses had been bought off.[3] Following the media hue and cry, another court in September 2008 sentenced him to five years in jail.

Also, in March 2008, Sanjeev Nanda and his father were also arrested in Mumbai in connection with the Barak Missile Scandal, in which Crown Corporation allegedly paid large bribes to politicians and defence officials. He is also a British national.

Contents

The BMW hit-and-run case

The BMW incident appears to have unfolded as follows:

The incident occurred at 4:50 AM early morning of January 10, 1999. Sanjeev Nanda was returning from a late night party in Gurgaon with friends Manik Kapoor & Siddharth Gupta. Both were in their early twenties and came from influential business families - Manik's father Sudhir Kapoor runs a thriving export business was one of the closest to the Nanda Family. Sanjeev had apparently been instructed by his parents not to drive that night, but was at the wheel anyway. There was a police checkpoint on Lodhi Road and it appears that the constable may have challenged the car, though it is also possible that the car was going so fast that it was out of control. In any event, it is alleged that Sanjeev's BMW crashed through all the people at the police checkpoint, immediately killing two constables - Rajan Kumar (25) (of 86th Battalion of the CRPF), Ram Raj (38) of Delhi Home Guard, and two others - Abdul Nasir (30) and Gulab (32), who were apparently being interrogated. Another policeman, Peru Lal (40) of the Delhi Home Guard, along with Mehendi Hassan, died later in hospital. The seventh victim, Manoj (32), survived, but is untraceable today.[4]

After running through the policemen, he allegedly stopped the car to check the damage, saw people under the car, and according to the prosecution, at this point co-passenger Manik Kapoor said: ‘‘Let’s go,’’ and they quickly drove away.[2] The car was then driven to Siddharth Gupta's house in Golf Links, where Siddharth's father Rajiv Gupta, who heads the finance firm Motor General Finance, instructed watchman Bhola Nath and driver Shyam Singh Rana to clean the bumpers and bonnet of the car of the blood and vestiges of the victims. Subsequently the police charged these three with destroying evidence. A few days later, a witness Sunil Kulkarni, came forward to describe the scene. At the time of the crash, he was on his way to the railway station. He deposed as follows on Jan 16, 1999:

"They were driving very fast. The car went to the side, crushing two people. A few others were thrown away. The driver got out and looked at the damage done to the car. Then the other person in the car came out and looked behind the car. Then they quickly drove off. I came to the police on the 15th because of my guilty conscience."[3]

NDTV sting operation

The prominent criminal lawyers involved in the case were R.K. Anand and I.U. Khan. NDTV carried out a sting operation in which they were caught on camera offering money to Sunil Kulkarni. Later the Delhi High Court barred the advocates from practising for four months.[5]

The investigation

The vehicle's broken registration plate was found on the scene the next morning. A 100-yard stretch near the police checkpoint was strewn with body parts and severed limbs amid pools of blood. Preliminary investigations revealed that the car would have been going at 140 km/h when it hit the victims.[6]

Within a few hours of the incident, Inspector Jagdish Pandey of the Police Control Room of Delhi Police was able to trace the BMW by trailing the oil leak from the accident-spot to Rajiv Gupta's garage.[7] They found the one-month old car, purchased in his sister Sonali Nanda's name, with foreign number plates, which had not been registered in India. Attempts to clean it were still in progress. Sanjeev and his friends were arrested, but his clothes, and those of the others who helped clean the car, were never found. When Sanjeev and his friends were first charged with Culpable homicide in court, a gaggle of Delhi's elite descended on Patiala House courts, including ex-Admiral Nanda himself. [4]

The Witnesses

The trial

During the initial trial, the only survivor, Manoj, said that it might have been a truck that hit them. Since the other six witnesses were dead, Manoj was the only voice. It is widely believed that he had been paid off, and has mysteriously disappeared thereafter. Another witness, Sunil Kulkarni had volunteered to have seen the incident, but the elite defence team was able to discredit him and he was portrayed as having been "put up" by the Delhi Police.

In Sanjeev Nanda's testimony (in 92 questions over 14 pages), he told Judge S.L. Bayana that he was not driving the car and was not the car's owner. He said it was his sister's car and he had nothing to do with the accident.

Sanjeev Nanda spent a few months in jail but was released on bail in May 1999. He was set a surety of a Rs 45 crore (USD 9 million), subsequently reduced to Rs. 15 crore (USD 3 million).

Re-trial

The case went up for re-trial. Under intense media pressure, the case was tried on a fast-track basis, and on 2 September 2008, Sanjeev Nanda was convicted by a Delhi court for mowing down six persons in the nine-year-old BMW hit-and-run case and can face a ten-year prison term.

The BMW case joins a long list of similar cases. A few years back, Puru Raj Kumar, the son of Bollywood Actor Raj Kumar, had run over two pavement dwellers. He had been fined Rs. 35000 (about USD 1000).

Timeline

1999

2007

2008

2009

2010

The Barak Missile scam

Sanjeev Nanda is also involved in the Barak missile scam, a case in which his company, the weapon trading firm Crown Corporation, was implicated for massive bribes to Indian politicians and defence officials. A Tehelka investigation in 2001 revealed possible influence Lt-Cmdr Suresh Nanda and Admiral SM Nanda may have had with the Indian Ministry of Defence in swinging deals. In these tapes, the reporter is posing as a representative of the fictional large arms supplier West End. At one point, the Samata Party national treasurer RK Jain is trying to convince Tehelka about his prowess in swinging deals. He mentions how in the first defence deal that he was involved in as the party treasurer, Suresh Nanda of Crown Corporation had paid Samata Party Rs 1 crore to swing the Rs 250-crore (USD 60 million) order for Armoured Recovery Vehicles (ARV) in favour of a Slovakian company.

  • Samata Party treasurer R.K. Jain: "Nanda approached me. Czechoslovakia's price was the lowest, second Slovakian, third was the Poland."
  • Tehelka: "Haan, Haan."
  • R.K. Jain: "He said, 'I will give you one crore rupees in advance'."
  • Tehelka: "Okay."
  • R.K. Jain: "You get disapproved the last one. Czechoslovakia because they are so lower that we cannot match their price."
  • Tehelka: "Okay."
  • R.K. Jain: "If you can push him out. Delegation is going on to the... delegation has been ordered to go to Czechoslovakia. Stop this delegation, and technically reject this company. Here are the documents."
  • Tehelka: "Hmm."
  • R.K.Jain: "By which it's proved that this company is closed for the last two years. They will start only after getting this order."
  • Tehelka: "Yeah, yeah."
  • R.K. Jain: "I will give one crore rupees. And I will give you... if they are technically disapproved, then you are my agent."
  • Tehelka: "Yeah."
  • R.K. Jain: "For this particular... perks... and I will give you so much of commission."
  • Tehelka: "Okay."
  • R.K. Jain: "I said, 'Fine.' He gave me the correspondence. I took the correspondence to George."
(the then Defence minister George Fernandes was from Samata Party)
  • Tehelka: "Hmm."
  • R.K. Jain: "And he said, 'All right, I'll reject it.' He is a very intelligent man."...
  • Tehelka: Okay, it is manipulated.
  • R.K. Jain: He wrote straight away on the file himself. He never goes and orders to a Joint Secretary. He wrote it himself, and sent the file back. Nanda gave me one crore rupees. He called me, "Yes, Mr. Jain, the file has come down. Like you know George…"
  • Tehelka: Yeah, yeah.[16]

Jain also said that he had received another Rs 1 crore for the Samata Party from Suresh Nanda to help swing the contract for an air-to-air and surface-to-surface missile system for the Indian Navy. Nanda was an agent for the Israeli Barak missile system.[17]

These tapes were the result of a clandestine sting operation and are not admissible as evidence in court. However, the intense media pressure led to a separate investigation by the Central Bureau of Investigation and five years later, R.K. Jain was arrested in February 2006.[18] In October 2006, the Central Bureau of Investigation filed charges against George Fernandes, former Chief of Naval Staff Admiral Sushil Kumar, and others in the Barak missile case, claiming that there was reasonable basis to suspect corruption and criminal conspiracy.[19]

Finally, seven years after the expose, in March 2008, the Nandas were arrested.[20]

See also

References

  1. ^ a b indiatoday.digitaltoday.in
  2. ^ a b "BMW case: Nanda says he had beer that night". Indian Express. 2003-01-03. http://cities.expressindia.com/fullstory.php?newsid=72227. Retrieved 2006-08-16. 
  3. ^ a b Chatterji, Ruksh (2003-08-03). "BMW case: Still searching for justice". NDTV. http://origin.ndtv.com/template/template.asp?template=&id=41113&callid=1. Retrieved 2006-08-16. 
  4. ^ a b "A day's custody for three in BMW case". India Network News Digest. 1999-01-12. http://listserv.indnet.org/cgi/wa.cgi?A2=ind9901&L=india-l&P=805. Retrieved 2006-08-17. 
  5. ^ Sanjeev Nanda’s friend acquitted
  6. ^ Bhosle, Varsha (1999-02-04). "Purchase of absolution". rediff.com. http://www.rediff.com/news/1999/feb/04varsha.htm. Retrieved 2006-08-16. 
  7. ^ "Police team rewarded for nabbing mishap suspects". The Tribune, Chandigarh. 1999-01-11. http://www.tribuneindia.com/1999/99jan12/nation.htm. Retrieved 2006-08-17. 
  8. ^ BMW case witness identifies Nanda : Sanjeev Nanda, BMW, accident, eyewitness, statement : IBNLive.com : CNN-IBN
  9. ^ Witness' testimony turned BMW case
  10. ^ "Sanjeev Nanda's friend acquitted". The Hindu (Chennai, India). 2008-09-03. http://www.hindu.com/2008/09/03/stories/2008090360271200.htm. 
  11. ^ Nanda gets 5 yrs jail, to appeal in HC
  12. ^ "BMW case: Sanjeev Nanda gets interim bail". The Times Of India. 2008-12-20. http://timesofindia.indiatimes.com/Cities/BMW_case_Nanda_gets_interim_bail/articleshow/3861324.cms. Retrieved 2008-12-19. 
  13. ^ "BMW case: Sanjeev Nanda's plea rejected by Delhi High Court". The Times Of India. http://timesofindia.indiatimes.com/Cities/HC_refuses_to_extend_Nandas_interim_bail/articleshow/3956600.cms. Retrieved 2008-12-19. 
  14. ^ "BMW hit-and-run case: Sanjeev Nanda walks free from jail". http://www.indianexpress.com/news/bmw-hitandrun-case-sanjeev-nanda-walks-fr/505687/. Retrieved 2009-08-22. 
  15. ^ "Nanda ties the knot". http://www.hindustantimes.com/Nanda-ties-the-knot/Article1-516642.aspx. Retrieved 2010-03-09. 
  16. ^ "Tehelka Tapes (transcript)". Tehelka.com. p. 21. Archived from the original on 2006-07-20. http://web.archive.org/web/20060720105922/http://www.tehelka.com/home/20041009/operation/investigation21.htm. Retrieved 2006-08-17. 
  17. ^ Srivastava, Mihir. "Finally, West End Lands Jain In Jail". Tehelka. http://www.tehelka.com/story_main16.asp?filename=Ne031106Finally_west.asp. Retrieved 2006-08-16. 
  18. ^ PTI (2006-02-07). "R K Jain arrested five years after Tehelka expose". Outlook. http://www.outlookindia.com/pti_news.asp?id=366868. Retrieved 2006-08-16. 
  19. ^ hinduonnet.com
  20. ^ ibnlive.in.com
  21. ^ Mattoo case: Justice delayed, denied and awarded

External links