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This is an archive article published on August 31, 1999

Delhi police left clutching at straws

NEW DELHI, AUGUST 30: One witness is missing; the other has turned hostile. And the BMW case, which the police had claimed to have wrappe...

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NEW DELHI, AUGUST 30: One witness is missing; the other has turned hostile. And the BMW case, which the police had claimed to have wrapped up within a week of the accident, today collapsed like a house of cards.

While the police today submitted that Sunil Kulkarni, once touted as the star witness by the then DCP South P K Srivastava, is yet to be traced, the second eye-witness to the infamous BMW accident, Manoj Malik, today denied being knocked down by the car. Instead, he said a truck mowed down the six persons and injured him.

It was on January 15, five days after Sanjeev Nanda had allegedly mowed down six people in his black BMW on Lodhi Road early in the morning, that Sunil Kulkarni made his first appearance. With much fanfare, Delhi Police unveiled him before the media, crowing at their success and dismissing all queries about his credentials.

Seven months after he made his first dubious appearance, the police, in a report presented before the courts, said the addresses given by him were bogusand he was a 8220;shady character8221;. The same officers, who had on finding their 8220;prime witness8221; proclaimed they would press for murder charges rather than for culpable homicide not amounting to murder against Sanjeev Nanda, today stood sheepishly in court. All five addresses Kulkarni had given as his own to the police have been found bogus.

Kulkarni, supposed to give his testimony in court today, was missing. Kulkarni had been introduced to the media on January 16. Appearing a trifle nervous, Kulkarni had then said that he was on his way to the Nizamuddin Railway Station to board a train for Bhopal, when he saw the accident. He said he had tried calling the police from the station, but could not get through and it was only when he returned to Delhi and read media reports that he decided to call police.

But, probably Kulkarni8217;s interest in the case went beyond that. Police officials today told the court that Kulkarni, a prosecution witness, was present in the court on most of the dates. However, he isnow unavailable to them for the court summons. The arguments on the case charges had begun on May 10. Kulkarni was present on 28 such hearings. In fact during June, he had moved an application seeking permission to go abroad. The request included an early examination. But, the application was turned down by ASJ P K Bhasin.

In the second setback, Manoj, the lone survivor of the accident, did not acknowledge the prosecution theory. He said he had clearly told the police that a truck had hit his friends. Manoj was present with his lawyers. He deposed that after the truck hit him, he fell on the central divider, after which he struggled in pain for 10 minutes. 8220;I was conscious for about 10 minutes. And within that period, I heard a bang, after which I lost my senses,8221; he replied when asked if he had seen any vehicle besides the truck.

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Manoj had come to Delhi last month and reportedly had Rs 2,300 with him. On being asked when he came to Delhi and where was he staying, Manoj said:8220;I am staying in Kotla, butdo not know the name of the landlord nor remember the address.8221; He said that he was referred to the two lawyers representing him by an Orissa-based Congress MP, Sanjay Naik.

 

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