Yogesh Kumar Sabharwal (born on January 14, 1942) was the 36th Chief Justice of India. The Chief Justice of India is the highest position obtainable by a judge in India. ... is the 305th day of the year (306th in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... is the 14th day of the year in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era. ... Avul Pakir Jainulabdeen Abdul Kalam (Tamil: ) born October 15, 1931, Tamil Nadu, India, usually referred to as Dr. A.P.J. Abdul Kalam ^) was the twelfth President of India, serving from 2002 to 2007. ... Ramesh Chandra Lahoti (born November 1, 1940) is the incumbent Chief Justice of India. ... Justice K.G. Balakrishnan; First Dalit cheif justice of India Konakuppakatil Gopinathan Balakrishnan aka Justice K G Balakrishnan, an Indian Judge and member of the Indian Supreme Court, has been appointed as the next Chief Justice of India. ... is the 14th day of the year in the Gregorian calendar. ... Year 1942 (MCMXLII) was a common year starting on Thursday (the link will display the full 1942 calendar) of the Gregorian calendar. ... is the 14th day of the year in the Gregorian calendar. ... Year 1942 (MCMXLII) was a common year starting on Thursday (the link will display the full 1942 calendar) of the Gregorian calendar. ... The Chief Justice of India is the highest position obtainable by a judge in India. ...

He was sworn in as the Chief Justice by the President of India, A P J Abdul Kalam on November 1, 2005 for a period of about 14 months ending on January 14, 2007. The President of India (Hindi: Rashtrapati) is the head of state and first citizen of India and the Supreme Commander of the Indian armed forces. ... Dr. Avul Pakir Jainulabdeen Abdul Kalam (born October 15, 1931, Rameswaram, Tamil Nadu, India), usually referred to as Dr. A.P.J. Abdul Kalam, is the President of India. ... is the 305th day of the year (306th in leap years) in the Gregorian calendar. ... Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... is the 14th day of the year in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era. ...

Five months after he retired, he was embroiled in allegations that his sons were involved in the real estate business in Delhi at a time when he was spearheading an intense drive to demolish a large number of illegal commercial buildings across Delhi. The matter came under intense publis scrutiny after the Delhi High Court ordered the imprisonment of four journalists from Mid-Day for contempt of court, despite there being no evidence that what they had reported was incorrect^[1]. Former Solicitor General KK Sud called this behaviour "the height of indiscretion."^[2]. Real estate is a legal term that encompasses land along with anything permanently affixed to the land, such as buildings. ... For other uses, see Delhi (disambiguation). ... The High Court of Delhi was established on October 31, 1966. ... Mid-day is an afternoon newspaper in India with editions in Mumbai (Bombay) and Delhi. ... Contempt of court is a court ruling which, in the context of a court trial or hearing, deems an individual as holding contempt for the court, its process, and its invested powers. ...

Career

Sabharwal worked as an advocate for Indian Railways from 1969 to 1981, as an advocate for Delhi administration from 1973 to 1976-1977, later as Additional Standing Counsel and then as Standing Counsel. He also served as Counsel to the Central Government from 1980 to 1986. He represented Delhi in the Bar Council of India from 1969 to 1973. An advocate is one who speaks on behalf of another, especially in a legal context. ... Indian Railways (Hindi भारतीय रेल), abbreviated as IR, is a Department of the Government of India, under the Ministry of Railways, and is tasked with operating the rail network in India. ... Also: 1969 (Stargate SG-1) episode. ... Year 1981 (MCMLXXXI) was a common year starting on Thursday (link displays the 1981 Gregorian calendar). ... For other uses, see Delhi (disambiguation). ... For the song by James Blunt, see 1973 (song). ... Year 1976 Pick up sticks(MCMLXXVI) was a leap year starting on Thursday (link will display full calendar) of the Gregorian calendar. ... Also: 1977 (album) by Ash. ... Year 1980 (MCMLXXX) was a leap year starting on Tuesday (link displays the 1980 Gregorian calendar). ... Year 1986 (MCMLXXXVI) was a common year starting on Wednesday (link displays 1986 Gregorian calendar). ... It is an autonomous body in India which governs the legal / law institutions in India. ...

He became an Additional Judge in the Delhi High Court on November 17, 1986 and a judge soon after. The High Court of Delhi was established on October 31, 1966. ...

On February 3, 1999, he was appointed as Chief Justice of Bombay High Court. In less than a year, he was appointed as a judge, Supreme Court of India. is the 34th day of the year in the Gregorian calendar. ... This article is about the year. ... The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth- or other countries with an Anglosaxon type of justice, such as the Supreme Court of the United States, the Supreme Court of Canada, the Supreme Court of New Zealand, the Supreme... The Bombay High Court was inaugurated on August 14, 1862. ... The Supreme Court of India is the highest court of the land as established by Part V, Chapter IV of the Constitution of India. ...

Significant judgements

As a judge of the Supreme Court, he delivered several important judgements dealing with constitutional matters.

• A constitutional bench headed by Justice Sabharwal in October 2005 held as unconstitutional the dissolution of Bihar assembly on the basis of the report of Governor Buta Singh but refused to revert the action, thereby paving way for fresh elections.
• He headed the bench which refused to grant any relief in the 2006 Delhi sealing drive in which thousands of illegal constructions were demolished across Delhi. This became controversial after it was later found that his two sons were connected with the real estate business in Delhi.
• In 2007, he headed a nine judge constitution bench which ruled that all laws placed under the ninth schedule after April 24, 1973, shall be open to be challenged in court if they violate the fundamental rights guaranteed under Article 14, 19, 20 and 21 of the Constitution. This judgment was made in response to a number of petitions made on various laws including the Tamil Nadu Reservation Act, 1994.

Cover of Mid-Day (2007-06-26) showing an IT mall under construction by Pawan Impex, a firm promoted by Justice Sabharwal's sons. The Rs. 560 million, eight story mall in NOIDA is being built jointly with shopping mall giant BPTP. Before the partnership with BPTP, the share capital of Pawan Impex was Rs. 0.1 million.^[3]

Year 2005 (MMV) was a common year starting on Saturday (link displays full calendar) of the Gregorian calendar. ... Sardar Buta Singh is the present governor of Bihar state, India. ... The 2006 Delhi Sealing Drive is an ongoing campaign by the Municipal Corporation of Delhi (MCD) to close (and thus apply a seal on the locks of) a number of illegal commercial establishments in Delhi which are running in residential areas without authorization. ... For other uses, see Delhi (disambiguation). ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era. ... The Constitution of India lays down the framework on which Indian polity is run. ... is the 114th day of the year (115th in leap years) in the Gregorian calendar. ... For the song by James Blunt, see 1973 (song). ... The Fundamental Rights in India enshrined in the Part III of the Constitution of India guarantee civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. ... The Constitution of India lays down the framework on which Indian polity is run. ... Image File history File links Size of this preview: 400 × 599 pixelsFull resolution (439 × 657 pixel, file size: 75 KB, MIME type: image/jpeg) This image is of a magazine cover, and the copyright for it is most likely owned by either the publisher of the magazine or the individual... Image File history File links Size of this preview: 400 × 599 pixelsFull resolution (439 × 657 pixel, file size: 75 KB, MIME type: image/jpeg) This image is of a magazine cover, and the copyright for it is most likely owned by either the publisher of the magazine or the individual... Mid-day is an afternoon newspaper in India with editions in Mumbai (Bombay) and Delhi. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era. ... is the 177th day of the year (178th in leap years) in the Gregorian calendar. ... This article or section does not cite its references or sources. ... For the traditional meaning of the word mall, see pedestrian street or promenade. ...

Allegations of Real Estate Operations by his sons

During the 2006 Delhi sealing drive, the Supreme Court under Sabharwal demonstrated extraordinary zeal in demolishing a very large number of commercial properties which were illegally running in residential areas. There were very extensive protests every day, and considerable political pressure, due to which demolitions would often be hindered. The court monitored events and regularly reprimanded the Municipal Corporation of Delhi for its tardy progress. As a consequence of the extensive bulldozing of buildings, legal commercial properties, as in the new shopping malls, rose dramatically in price^[4]. Particularly, luxury store owners and other upscale businesses were very keen to get into the limited mall floor space. The 2006 Delhi Sealing Drive is an ongoing campaign by the Municipal Corporation of Delhi (MCD) to close (and thus apply a seal on the locks of) a number of illegal commercial establishments in Delhi which are running in residential areas without authorization. ... The Municipal Corporation of Delhi (MCD) is a municipal corporation that governs most of the metropolis of Delhi in India. ... For the traditional meaning of the word mall, see pedestrian street or promenade. ...

In May 2007, five months after Sabharwal retired from the bench, the afternoon newspaper Mid-Day brought out a series of articles that presented documents showing that YK Sabharwal's sons, Chetan and Nitin Sabharwal, owned at least four small ventures, most of them oriented towards garment exports, but one in the construction arena. During Sabharwal's tenure as Chief justice, two of these firms suddenly attracted the interest of the very largest players in the shopping mall industry. Mid-day is an afternoon newspaper in India with editions in Mumbai (Bombay) and Delhi. ... For the traditional meaning of the word mall, see pedestrian street or promenade. ...

The first firm, Pawan Impex, Pvt Ltd, was registered for some time at Justice Sabharwal's official bungalow in the heart of Delhi, and later at his private house. Having the firm registered at his government-furnished house may have been illegal^[5]. In a newspaper editorial on Sept 2, 2007, Justice Sabharwal has said that he asked his sons to shift the registered address as soon as he found out about it^[6], but in an interview recorded by Mid-Day in April 2007, after the shift, he claims complete ignorance about the matter^[5].

More damaging is the fact that Pawan Impex, which had remained with a capitalization of 0.1 million Rs. since its founding in 2002, suddenly attracted the interest of Kabul and Anjali Chawla, owners of the large and rapidly growing real estate firm Business Park Town Planners (BPTP)^[7] which had promoted large malls like Park Centra (Gurgaon), Next Door (Faridabad), and the Parklands Shop-In Park (North Delhi). In June 2006, at the peak of the Supreme Court interest in the 2006 Delhi sealing drive, the Chawla's invested in Park Impex, raising the Share Capital 300 fold to Rs. 30 million, with equal shares between the original promoters and the Chawlas^[8][9]. Two months later, in August, the company obtained a loan of Rs. 280 million by a bank which happens to be a tenant of a BPTP property. These allegations appear to be well documented in a set of papers released by the Campaign for Judicial Accountability^[10] and were not addressed in Justice Sabharwal's public response^[6], though he did mention that his sons were creating an IT Mall. After the partnership with BPTP in June 2007 Pawan Impex purchased four acres of land in NOIDA on which this IT Mall is being constructed; Mid-Day reports it to be a Rs. 560 million project with 0.3 million sq. ft. saleable floor area^[3]. It has been suggested that History of the rupee be merged into this article or section. ... , Gurgaon   (Hindi: गुड़गांव) is a city in the northern Indian state of Haryana, and has a population of about 249,000 according to the 2001 national census [1]. Gurgaon is one of Delhis four major satellite cities and is therefore considered to be a part of the National Capital Region... , Faridabad   (Hindi: फरीदाबाद) is a major industrial city and population center in Haryana state, northern India. ... For other uses, see Delhi (disambiguation). ... The 2006 Delhi Sealing Drive is an ongoing campaign by the Municipal Corporation of Delhi (MCD) to close (and thus apply a seal on the locks of) a number of illegal commercial establishments in Delhi which are running in residential areas without authorization. ... This article or section does not cite its references or sources. ...

A second firm, Harpawan Constructors, equally unknown, had also been promoted by the brothers. In October 2005, the promoters of Filatex India, a polyester yarn firm with a turnover of Rs. 3 billion in FY 2007, Purshottam and Madhu Sudan Bhageria, also the owners of real estate firm Fargo Estates, invested in Harpawan. Subsequently, the Bhagerias announced plans for developing the Square One, a mall devoted to luxury brands in Delhi. Justice Sabharwal has said that Purshottam Bhageria was his son's childhood friend, and that Harparwan Construction, despite its name, has not made any real estate or other investments^[6]. Filatex India Limited is an Indian textile firm primarily manufacturing several grades of polyester yarn. ... Yarn Spools of thread Yarn is a long continuous length of interlocked fibers, suitable for use in the production of textiles, sewing, crocheting, knitting, weaving, embroidery and ropemaking. ...

The business of Chetan and Nitin expanded dramatically after 2005. Besides setting up several garment manufacturing factories, they have embarked on a massive real estate programme in NOIDA. This article or section does not cite its references or sources. ...

Possibly the largest project for Pawan Impex is the Rs. 560 million IT Mall being constructed in Noida. In the application to construct this mall, they had given the turnover and business of their company as "Nil". Their application for constructing this mall was approved rather mysteriously, given that in the application they had declared their company to be "Nil turnover" and "Nil business"^[5]. An earlier applicant, Softedge Solutions, had been rejected on the ground that they could not satisfactorily answer questions about their previous experience in IT and their technical tie up. But Pawan Impex represented by Chetan Sabharwal with Nil business, no previous track record in IT and no technical tie up, managed to obtain permission. ^[5]

Conflict of Interest charges

Whatever the facts of the case, it is widely felt that Justice Sabharwal's being active in such decisions when his sons were even partly involved in the Delhi real estate business lacked propriety, and that he should have recused himself from these cases. To the contrary, the Outlook (magazine) printed a report claiming that ^[5]. Vitusha Oberoi, an editor at Mid-day, said: "We have said that what we have said is the truth (in their articles relating to former Chief Justice of India Y K Sabharwal) and that is why we should not be hauled up for contempt." However, the contempt laws in India do not rely on truth as the primary test for judging contempt. The columns were also somewhat tongue-in-cheek, accompanied also by a cartoon (the cartoonist has also been sentenced to four months in jail). This article or section is in need of attention from an expert on the subject. ... 1 July 2002 Cover Page Outlook is an Indian weekly English newsmagazine in publication since October 1995. ...

Justice R S Sodhi and Justice B N Chaturvedi of the Delhi High Court, in their judgemnt, said: "We feel, in this peculiar case, the contemnors have tarnished the image of the highest court and the sentence of four months' imprisonment would serve the justice."^[11]. "The Supreme Court in its judgement has clearly laid down the Laxman Rekha which we feel the publications have crossed." (The Laxman Rekha is a Ramayanic reference to a line that should not be crossed). However the defendants had already processed their bail requests from the Supreme Court, and they were immediately released on bail. In the Hindu religion, Laxman Rekha is the name of a line drawn by Laxman that Sita could not cross, or she would be in danger. ... Lakshaman (far left) with Rama (centre), Sita (far right) and Hanuman (kneeling) - Bhaktivedanta Manor Hare Krishna temple, Watford, England Lakshmana (Sanskrit: लक्ष्मण; IAST Lakṣmaṇa) was the brother and close companion of Rama, and himself a hero in the famous epic Ramayana. Within Hindu tradition Lakshmana is considered to be... Lord Ram, Laxman, Sita and Hanuman(crouching) The Ramayana (Sanskrit: march (ayana) of Rama) is part of the Hindu smriti, written by Valmiki. ...

About the judgement, ex-law minister Shanti Bhushan stated that Parlianent had in 2006 amended the Contempt of Courts Act to say that "if the allegations against a judge were found to be true, then they would not be considered contemptuous". In view of this, the judgement, he said, may be "only aimed at terrifying the media and an attempt to curb truthfulness."^[1] Shanti Bhushan is a former Union Law Minister and senior advocate of India. ...

In any event, the decision of four months imprisonment for the reporters, without establishing the falsity of the reportage, has only brought the matter into far more intense public scrutiny.

References

1. ^ ^{a b} "Legal fraternity condemns conviction of journos by HC", 21 September 2007. 
2. ^ "Shock, anger at Sabharwal's mall-aa-mall", Mid-Day, June 12, 2007. Retrieved on 2007-09-22. 
3. ^ ^{a b} Vitusha Oberoi and M.K. Tayal, Sabharwal's shop talk, Mid Day, June 26, 2007.
4. ^ IANS. "Sealing, demolitions push up mall prices", Thursday August 31. Retrieved on 2007-09-22. 
5. ^ ^{a b c d e} Prashant Bhushan. "Contempt Of Judicial Power", Outlook (magazine), Sep 19, 2007. Retrieved on 2007-09-23. This is a rebuttal of Justice Sabharwal's column in the Times of India defending the actions by his sons.
6. ^ ^{a b c} Justice Y.K. Sabharwal. "A former Chief Justice of India defends his honour", Times of India Delhi, Sep 2, 2007. Retrieved on 2007-09-23. 
7. ^ http://www.bptp.com/
8. ^ "Lift kara de...", Mid-Day, June 12, 2007. Retrieved on 2007-09-22. 
9. ^ Affidavit filed by Vitusha Oberoi in Delhi High Court. judicialreforms.org (July 2007). Retrieved on 2007-09-22.
10. ^ Judge Watch on Justice Y.K.Sabharwal: Supporting documents. Campaign for Judicial Accountability and Reforms. Retrieved on 2007-09-22.
11. ^ "4 journos get jail term for scandalising ex-CJI", CNN-IBN, September 21, 2007. Retrieved on 2007-09-23. 

Mid-day is an afternoon newspaper in India with editions in Mumbai (Bombay) and Delhi. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era. ... is the 265th day of the year (266th in leap years) in the Gregorian calendar. ... Indo-Asian News Service or IANS is a news service owned by rediff. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era. ... is the 265th day of the year (266th in leap years) in the Gregorian calendar. ... Prashant Bhushan is a noted civil liberites lawyer of India . ... 1 July 2002 Cover Page Outlook is an Indian weekly English newsmagazine in publication since October 1995. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era. ... is the 266th day of the year (267th in leap years) in the Gregorian calendar. ... The Common Man featured on a commemorative stamp released by the Indian Postal Service on the 150th Anniversary of the Times of India - 1988. ... The Common Man featured on a commemorative stamp released by the Indian Postal Service on the 150th Anniversary of the Times of India - 1988. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era. ... is the 266th day of the year (267th in leap years) in the Gregorian calendar. ... Mid-day is an afternoon newspaper in India with editions in Mumbai (Bombay) and Delhi. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era. ... is the 265th day of the year (266th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era. ... is the 265th day of the year (266th in leap years) in the Gregorian calendar. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era. ... is the 265th day of the year (266th in leap years) in the Gregorian calendar. ... CNN-IBN is an English language Indian TV news channel. ... Year 2007 (MMVII) is the current year, a common year starting on Monday of the Gregorian calendar and the AD/CE era. ... is the 266th day of the year (267th in leap years) in the Gregorian calendar. ...

External links

• Short Biography on the Supreme Court of India website
• Arundhati Roy's article in Outlook about the scandal
• "Justice Y K Sabharwal sworn in as CJI" - rediff.com article dated November 1, 2005
• Landmark judgment on the 9th Schedule exclusion from judicial review
• "Justice Sabharwal and injustice article by Mid Day "
• " Justice Sabharwal and It All Squares Up " (Sept 2007: these Mid-Day articles have been removed from their website. However, some of them remain available at http://www.judicialreforms.org/justice_yk_sabharwal.htm)
• " Justice Sabharwal and Mall-aa-Mall with BPTP "
• " Justice Sabharwal and Square One Mall "
• " Justice Sabharwal and Lift Kara De "
• " Justice Sabharwal and sealing drive - Shock, Anger at Sahbarwal's Mall- aa-Mall "