Aren't court orders for Interlining of Rivers susp...

2007-09-26T23:09:00.000-07:00

Aren't court orders for Interlining of Rivers suspect?

Following Justice B N Kirpal's order in October 2002,to Government of India to undertake Networking of Rivers project assuming consensus among Indian states,Justice Y.K.Sabharwal pursued the case despite unanimous rejection of the project by Kerela Assembly that clearly showed that the assumption was misplaced.

Justice Sabharwal directions set in motion the process of sealing of properties in designated residential areas of Delhi which were being used for commercial
purposes. This sealing went on relentlessly under the continuous supervision of Chief Justice Sabharwal's bench, monitored and directed by a Court appointed monitoring committee. When the government came up with a new master plan of Delhi 2021 which allowed mixed use and commercial activity in many of the areas which were designated as residential, Justice Sabharwal orders on the sealing continued.

Some of the facts which were not publicly known was that his two sons, Chetan and Nitin had entered into partnerships with big Mall and Commercial complex developers and had become big Commercial complex developers themselves during that time. It was clear that these orders were giving direct benefit to his sons' business. His orders are against the principles of natural justice, which say that no judge can hear a case in which he is personally interested. There was a serious conflict of interest in this case which renders his orders a nullity. It is in fact arguable that his dealing with this case in such circumstances involves an offence under the Prevention of Corruption Act.

At the same time, it was also found that several plots were allotted to the Companies or relatives of Justice Sabharwal and which needs to be investigated to see if undue favour was shown to them and if so whether there was any quid pro quo in terms of judicial orders.

The facts thrown up in this case have very disturbing implications about the integrity of our judiciary in the highest places.

When MIDDAY newspaper reported the matter in May and June 2007 about Pawan Impex, the company of owned by sons of Justice Sabharwal which saw amazing rise in its fortune during the last two years. The reporters who reported it and their editor have been sentenced by the court.

Here is what the reporters submitted to the court and argued that truth is defence in the case of Contempt:

The story in question carried by Mid-Day newspaper on the 18th of May 2007, was a follow up of an earlier story carried by the same newspaper on 2 May 2007. In the issue of 2 May 2007, we had carried a story titled "Injustice" which essentially said that the former Chief Justice of India Justice Y.K. Sabharwal's sons owned three commercial companies, Pawan Impex, Sug Exports, and Sabs Exports whose registered offices were at the Punjabi Bagh residence of Justice Sabharwal, at the time when he was ordering the sealing of commercial premises running from residential areas.

Further investigation into the matter by the reporters of Mid-Day led to the discovery of some further startling facts. It was discovered that these companies had shifted their registered office to the official residence of Justice Sabharwal at 6, Moti Lal Nehru Place for about 10 months during 2004 while Justice Sabharwal was a judge of the Supreme Court of India.

Further investigation into the matter also revealed that on October 23, 2004, one Kabul Chawla, who happens to be the promoter and owner of Business Park Town Planners (BPTP), a real estate development company which had promoted and developed a large number of shopping malls and commercial complexes in the city of Delhi, became a director in one of the companies promoted by Justice Sabharwal's sons called Pawan Impex Pvt. Ltd. At the same time, the registered office of this company was shifted back from the official residence of Justice Sabharwal, to his personal residence at Punjabi Bagh. Soon thereafter on February 12, 2005, the wife of Kabul Chawla, Anjali Chawla was also inducted as a director of this company.

Soon after the Chawlas were inducted as directors, in June 2006, both Kabul Chawla and his wife Anjali Chawla acquired 750,000 shares each in Pawan Impex Pvt Ltd. At this time the Share capital of Pawan Impex was increased from Rs. 1 Lakh to Rs. 3 Crores. Thus, as on 31st of September 2006, the shareholding in Pawan Impex Pvt. Ltd. was equally divided between the two sons of Justice Sabharwal and Kabul Chawla and his wife Anjali. Each of them owned 750,000 shares each in this company promoted by Justice Sabharwal's sons. Thus the Chawlas, who are one of the main promoters of shopping malls in Delhi, became equal partners in the Company of Justice Sabharwal's sons.

The documents also showed that soon after the share capital of Pawan Impex was increased from Rs. 1 Lakh to Rs. 3 Crores (after the induction of the Chawlas and their investment in the company), the company took a loan of Rs. 28 Crores from the Union Bank of India at F14/15 Connaught Place (who happens to be a tenant of BPTP of the Chawlas).

The documentary evidence attesting to the above facts discovered on
investigation by the reporters of Midday was obtained from the official website of the Ministry of Corporate Affairs of the Government of India. This website contains the documents which have been filed by Pawan Impex Pvt. Ltd. regarding the shareholding, the directors, and the changes in the registered address of these companies. Copies of these documents attesting to the above facts as obtained by Mid-Day from the official website of the Ministry of Corporate Affairs of the Government of India have been annexed with the Affidavit of Mrs. Vitusha Oberoi, Editor of Mid-Day Delhi and the Deponent craves liberty to refer to an rely upon the said annexures.

The story of Mid-Day in question is based on the above documents and legitimate inferences which can be made from these documents. There had earlier been a number of reports and allegations that the Shopping Mall developers stood to gain enormously from the sealing of shops and commercial establishments functioning from residential areas which took place on Justice Sabharwal's orders. As responsible journalists we thought it to be our public duty to bring the above facts to the knowledge of the people, which appeared to show judicial impropriety at the highest level. We also spoke to some senior lawyers of the country who almost unanimously opined that if the above facts were true, the matter needed further investigation in public interest. Their comments as given to us were also carried by us in Mid-Day.

There have been a number of reports about Corruption in the Judiciary and the country has been exercised on the issue of judicial accountability. There have also been other reports about improper allotments of Plots in Noida to Justice Sabharwal's daughter in law which were also reported widely in the media. These reports were based on statements made by a Cabinet Minister and Senior advocate of the Supreme Court. It was in these circumstances, that we felt that it was our public duty to bring the above facts to the knowledge of the people of this country. There was no malicious intention on our part to bring down the reputation of the judiciary. However, the facts discovered by us presented a disturbing picture of judicial impropriety in a particular case which was felt, needed to be brought to the attention of the people since it involves matter of enormous public interest.

In such a scenario, is it contempt of court if someone said, all such orders including in the case of Networking of Rivers are suspect.

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Aren't court orders for Interlining of Rivers susp...