351:, the Chawlas invested in Park Impex, raising the Share Capital 300 fold to Rs. 30 million, with equal shares between the original promoters and the Chawlas. 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 and were not addressed in Justice Sabharwal's public response, though he did mention that his sons were creating an IT Mall. After the partnership with BPTP in June 2007 Pawan Impex purchased 4 acres (16,000 m) of land in
374:
that in the application they had declared their company to be "Nil turnover" and "Nil business". An earlier applicant, Softedge
Solutions, had been rejected on the grounds 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.
303:, the Supreme Court under Sabharwal demonstrated extraordinary zeal in demolishing a 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
373:
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
362:
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
417:
Justice R S Sodhi and
Justice B N Chaturvedi of the Delhi High Court, in their judgement, 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." M K Tayal, senior journalist, said,
400:
In terms of the content of the charges, the most damaging aspect is the participation of the shopping mall construction giant BPTP in his son's export-import business. Both the
Chawlas were on the board of the firm by early 2005, around the same time that Sabharwal started taking interest in the
443:
stated that
Parliament 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
318:
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
413:
for contempt of court (making such allegations about an ex-judge). The scribes said: "We stated facts in our stories. (in the articles relating to former Chief
Justice of India Y K Sabharwal) and that is why we should not be hauled up for contempt. The laws in the country are outdated." The
326:
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. In a newspaper editorial on 2 September 2007,
435:
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. Tayal and three others are no more associated with Mid Day. It appears that the management of the newspaper
396:
The actions have been condemned as being at best improper and at worst an attempt "to benefit his sons who entered into partnerships with shopping malls and developers of commercial complexes". Former
Solicitor General KK Sud called this behaviour "the height of indiscretion."
436:
compromised with Sabharwal and BPTP. Tayal, a former Indian army officer, objected Mid Day's policy of refraining from exposing more about the dealings of ex-CJI. Mid Day's MD Tariq Answari had written a note regarding the newspaper not carrying any more article on Sabharwal.
327:
Justice Sabharwal has said that he asked his sons to shift the registered address as soon as he found out about it, but in an interview recorded by Mid-Day in April 2007, after the shift, he claims complete ignorance about the matter.
414:
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).
334:
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) which had promoted large malls like Park Centra
382:
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
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202:
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
401:
demolition drive. What is surprising is that while Justice Sabharwal in his justification addresses the other two (lesser) charges in some detail, he is completely silent about the BPTP connection.
168:
44:
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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
418:"The judges did not go into the merits of the argument. They did not apply their minds while delivering the judgement.". "The Supreme Court in its judgement has clearly laid down the
393:
magazine printed a report claiming that he had "called for and dealt with the sealing of commercial property cases in March 2005, though it was not assigned to him.".
639:
260:
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
363:
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.
355:
on which this IT Mall is being constructed; Mid-Day reports it to be a Rs. 560 million project with 300,000 sq ft (28,000 m) saleable floor area.
358:
A second firm, Harpawan Constructors, equally unknown, had also been promoted by the brothers. In October 2005, the promoters of Filatex India, a polyester
1301:
719:
311:, rose dramatically in price. Particularly, luxury store owners and other upscale businesses were very keen to get into the limited mall floor space.
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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.
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248:
on 1 November 2005 for a period of about 14 months as he would turn 65, the retirement age for Chief Justices, on 14 January 2007.
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307:
for its tardy progress. As a consequence of the extensive bulldozing of buildings, legal commercial properties, as in the new
275:. This became controversial after it was later found that his two sons were connected with the real estate business in Delhi.
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As a judge of the Supreme Court, he delivered several important judgements dealing with constitutional matters.
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More damaging is the fact that Pawan Impex, which had remained with a capitalization of 0.1 million
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In 2007, he headed a nine judge constitution bench which ruled that all laws placed under the
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In May 2007, five months after Sabharwal retired from the bench, the afternoon newspaper
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663:"BPTP – Delhi NCR Real Estate Company – Residential Projects – Commercial Properties"
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after 24 April 1973, shall be open to be challenged in court if they violate the
240:
who was retiring on 31 October 2005. He was sworn in as the Chief Justice by the
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at the time, Sabharwal was appointed the Chief Justice of India to succeed Mr.
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In September 2007, four Mid-Day journalists were sentenced to prison by the
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firms suddenly attracted the interest of the very largest players in the
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but refused to revert the action, thereby paving way for fresh elections.
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340:
347:). In June 2006, at the peak of the Supreme Court interest in the
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in which thousands of illegal constructions were demolished across
191:
754:. Campaign for Judicial Accountability and Reforms. Archived from
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He headed the bench which refused to grant any relief in the
199:
749:"Judge Watch on Justice Y.K.Sabharwal: Supporting documents"
359:
851:"We have taken truth to be our defence: Vitusha Oberoi"
801:"Legal fraternity condemns conviction of journos by HC"
720:"Affidavit filed by Vitusha Oberoi in Delhi High Court"
662:
627:
456:
on 3 July 2015, aged 73. He was survived by two sons.
630:"A former Chief Justice of India defends his honour"
605:
This is a rebuttal of Justice Sabharwal's column in
405:
Jail term for two journalists, cartoonist, publisher
424:which we feel the publications have crossed." (The
970:
883:"4 journos get jail term for scandalising ex-CJI"
387:himself from these cases. To the contrary, the
295:Allegations of real estate operations by his sons
225:. In less than a year, he was appointed a judge,
1248:
722:. judicialreforms.org. July 2007. Archived from
584:
499:"Former CJI Yogesh Kumar Sabharwal passes away"
377:
956:
178:(14 January 1942 – 3 July 2015) was the 36th
214:on 17 November 1986 and a judge soon after.
628:Justice Y.K. Sabharwal (2 September 2007).
1302:Faculty of Law, University of Delhi alumni
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949:
815:"Shock, anger at Sabharwal's mall-aa-mall"
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551:"Sealing, demolitions push up mall prices"
69:1 November 2005 – 14 January 2007
42:
343:), and the Parklands Shop-In Park (North
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1277:Chief justices of the Bombay High Court
927:1 November 2005– 14 January 2007
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14:
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198:from 1969 to 1981, as an advocate for
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807:
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439:About the judgement, ex-law minister
217:On 3 February 1999, he was appointed
210:He became an Additional Judge in the
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171:Chief Justice Yogesh Kumar Sabharwal
859:. 21 September 2007. Archived from
676:
232:Being the senior-most judge of the
156:Faculty of Law, University of Delhi
24:
614:
611:defending the actions by his sons.
25:
1313:
660:
875:
843:
779:Vitusha Oberoi and M.K. Tayal,
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1272:Judges of the Delhi High Court
824:. 12 June 2007. Archived from
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693:. 12 June 2007. Archived from
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539:
521:"Y.K. Sabharwal appointed CJI"
513:
491:
474:"Ex-CJI Sabharwal passes away"
466:
305:Municipal Corporation of Delhi
13:
1:
459:
590:"Contempt Of Judicial Power"
378:Conflict of interest charges
7:
1292:21st-century Indian lawyers
1287:20th-century Indian lawyers
27:36th Chief Justice of India
10:
1318:
1297:21st-century Indian judges
1282:20th-century Indian judges
1233:Dhananjaya Y. Chandrachud
1073:Raghunandan Swarup Pathak
1043:Jayantilal Chhotalal Shah
1013:Bhuvaneshwar Prasad Sinha
983:
929:
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501:. Livelaw.in. 3 July 2015
288:Article 14, 19, 20 and 21
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349:2006 Delhi sealing drive
301:2006 Delhi sealing drive
269:2006 Delhi sealing drive
1267:Chief justices of India
972:Chief Justices of India
190:Sabharwal worked as an
1163:Yogesh Kumar Sabharwal
1143:Gopal Ballav Pattanaik
1098:Madhukar Hiralal Kania
923:Chief Justice of India
252:Significant judgements
234:Supreme Court of India
227:Supreme Court of India
180:Chief Justice of India
176:Yogesh Kumar Sabharwal
172:
57:Chief Justice of India
36:Yogesh Kumar Sabharwal
1158:Ramesh Chandra Lahoti
1138:Bhupinder Nath Kirpal
1113:Aziz Mushabber Ahmadi
1058:Mirza Hameedullah Beg
1038:Mohammad Hidayatullah
1003:Bijan Kumar Mukherjea
916:Ramesh Chandra Lahoti
781:Sabharwal's shop talk
588:(19 September 2007).
170:
1203:Jagdish Singh Khehar
1108:M. N. Venkatachaliah
1018:P. B. Gajendragadkar
803:. 21 September 2007.
452:Sabharwal died of a
205:Bar Council of India
1123:Madan Mohan Punchhi
1083:Sabyasachi Mukharji
1078:E. S. Venkataramiah
1033:Kailas Nath Wanchoo
993:M. Patanjali Sastri
889:. 21 September 2007
831:on 28 February 2008
761:on 28 February 2008
729:on 28 February 2008
700:on 28 February 2008
207:from 1969 to 1973.
1188:Rajendra Mal Lodha
1168:K. G. Balakrishnan
1133:Sam Piroj Bharucha
1103:Lalit Mohan Sharma
1093:Kamal Narain Singh
998:Mehr Chand Mahajan
933:K. G. Balakrishnan
863:on 14 October 2007
642:on 15 October 2007
635:The Times of India
608:The Times of India
549:(31 August 2006).
478:The Times of India
284:fundamental rights
242:President of India
173:
80:A.P.J. Abdul Kalam
1244:
1243:
1128:Adarsh Sein Anand
1063:Y. V. Chandrachud
1048:Sarv Mittra Sikri
1023:Amal Kumar Sarkar
939:
938:
930:Succeeded by
684:"Lift kara de..."
527:. 18 October 2005
286:guaranteed under
246:A P J Abdul Kalam
223:Bombay High Court
165:
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104:K.G. Balakrishnan
16:(Redirected from
1309:
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1228:Uday Umesh Lalit
1153:S. Rajendra Babu
1008:Sudhi Ranjan Das
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638:. Archived from
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586:Prashant Bhushan
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553:. Archived from
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212:Delhi High Court
144:New Delhi, India
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114:Personal details
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1088:Ranganath Misra
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787:, 26 June 2007.
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557:on 4 April 2007
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444:truthfulness."
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129:14 January 1942
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18:Y. K. Sabharwal
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441:Shanti Bhushan
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339:), Next Door (
309:shopping malls
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280:ninth schedule
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141:(aged 73)
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1223:N. V. Ramana
1218:Sharad Bobde
1213:Ranjan Gogoi
1198:T. S. Thakur
1162:
921:
893:23 September
891:. Retrieved
877:
867:22 September
865:. Retrieved
861:the original
854:
845:
835:22 September
833:. Retrieved
826:the original
809:
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765:22 September
763:. Retrieved
756:the original
743:
733:22 September
731:. Retrieved
724:the original
714:
704:22 September
702:. Retrieved
695:the original
678:
666:. Retrieved
656:
646:23 September
644:. Retrieved
640:the original
633:
606:
599:23 September
597:. Retrieved
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561:22 September
559:. Retrieved
555:the original
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529:. Retrieved
524:
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503:. Retrieved
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481:. Retrieved
477:
468:
454:heart attack
451:
438:
425:
421:Laxman Rekha
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139:(2015-07-03)
99:Succeeded by
75:Appointed by
64:
29:
1262:2015 deaths
1257:1942 births
1236:(incumbent)
1208:Dipak Misra
1193:H. L. Dattu
1148:V. N. Khare
1118:J. S. Verma
988:H. J. Kania
525:The Tribune
299:During the
238:R.C. Lahoti
137:3 July 2015
92:R.C. Lahoti
87:Preceded by
1251:Categories
460:References
323:industry.
262:Buta Singh
151:Alma mater
125:1942-01-14
1053:A. N. Ray
856:The Hindu
531:29 August
433:Ramayanic
341:Faridabad
65:In office
55:36th
192:advocate
887:CNN-IBN
822:Mid-Day
785:Mid-Day
691:Mid-Day
594:Outlook
390:Outlook
385:recused
337:Gurgaon
316:Mid-Day
668:4 July
661:root.
505:4 July
483:4 July
427:Laxman
186:Career
829:(PDF)
818:(PDF)
759:(PDF)
752:(PDF)
727:(DOC)
698:(PDF)
687:(PDF)
448:Death
431:is a
429:Rekha
368:NOIDA
353:NOIDA
345:Delhi
273:Delhi
200:Delhi
976:list
895:2007
869:2007
837:2007
767:2007
735:2007
706:2007
670:2015
648:2007
601:2007
563:2007
547:ians
533:2009
507:2015
485:2015
360:yarn
194:for
134:Died
119:Born
332:Rs.
221:of
1253::
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