From correspondents in Delhi, India, 10:31 PM IST

Additional Sessions Judge Vinod Kumar, while awarding a five-year jail sentence to Sanjeev Nanda for mowing down six people under his BMW car in January 1999, in his order also advised lawyers not to enter into a blame game in future.

'Blame is a powerful weapon but introspection is the real remedy having therapeutic quality,' said Kumar in his order.

His comments come in the wake of the prosecution and defence blaming each other during arguments in the case.

Public prosecutor Rajeev Mohan has demanded maximum punishment for Nanda, a British national, saying the verdict should give a message to society. 'Deterrent punishment is the need of the hour, so that the right message is sent across the society to all potential offenders,' Mohan said.

During arguments on the quantum of sentence, the prosecutor referred to the adverse findings of the court against Nanda in its judgement.

'According to the findings, the criminal justice system has been tampered with by the mighty accused, who resorted to every unfair means to botch up the trial. Hence, deterrent punishment of 10 years' jail term be given to him so that in future the mighty be refrained from polluting the justice delivery system,' Mohan said.

Countering the prosecution's demand for maximum punishment, defence lawyer Ramesh Gupta demanded reasonable punishment for Nanda.

'Justice is at stake... ultimately judges have to decide whether it's a media trial or a court trial. Media shouldn't exceed its limits... then judges won't be able to decide independently on the issues,' he said, referring to the media coverage of the high-profile case.

Commenting on the arguments by both, Judge Kumar noted: 'On one hand, the prosecutor has pointed out towards the conduct of the police, prosecution and the defence. On the other hand, the defence counsel has vehemently criticised the electronic media. It must not be forgotten that blame game would not lead us anywhere and it would be wastage of time and energy.'

'I am convinced that institutional sabotage of the system has been carried out, still a restraint was observed by this court lest the can of worms is opened again. Therefore, I refereed to a particular fact only where it was of utmost necessity. Better not blame anyone, rather take it as an opportunity for examining our system,' the judge suggested to the lawyers and investigating agencies.

The court had on Tuesday found Nanda, grandson of former navy chief S.M. Nanda and son of arms dealer Suresh Nanda, guilty under Section 304 (2) of the Indian Penal Code for culpable homicide not amounting to murder. The court said the case was graver than that of Mumbai's Alister Anthony Pareira who had run over seven people.

Businessman Rajiv Gupta, found guilty of destroying evidence, was given one year imprisonment and a fine of Rs.10,000.

His two domestic helps Bhola Nath and Shyam Singh, also held guilty of destroying evidence, were sentenced for six months and fined Rs.100 each. All three were given bail soon after the ruling on a surety of Rs.10,000 each.

'Now when the heat of the trial will cool and dust raised by it settle down, it is necessary that all those having stake in the criminal justice system take a dispassionate view of the things which have happened in the present trial and also frequently seen in a normal criminal trial,' said the judge.

The judge also advised the advocates to contribute towards the legal system, and said, 'All the advocates and senior advocates appearing in this case have high standing and have contributed a lot in the field of law. But the best is yet to come out from them. Their greatest contribution (which I believe would definitely be forthcoming) would be that they rise to the occasion and examine the entire criminal justice system as well as the issues including the issues concerning India.'

(Staff Writer, © IANS)