Newsmaker: Y K Sabharwal

Judging right: From master plan to JMM scandal

Y K Sabharwal

Those who have visited the Supreme Court recently would have found one courtroom always brimming with lawyers, nervous clients and media representatives.

In the comparatively small room, built in the 1950's, Justice YK Sabharwal used to hold court. Now, he has moved to a larger and more august hall to preside as the Chief Justice of India.

People used to throng the small room because of the large number of public interest petitions dealt with by a bench headed by Justice Sabharwal. The gathering comprised anxious politicians, nail-biting businessmen, common men and media representatives.

The judge is not known to take kindly to infractions of law, nor of the positions held by law-breakers or of the extent of violations. He has scrapped hundreds of petrol pumps allotted to cronies of political leaders. He has dealt harshly with those involved in the JMM defection scandal.

Last week, for instance, a list of cases relating to violations of the master plan for Delhi ran into seven pages. Naturally, those who bent the building rules and used residences for purposes not conforming to the rules filled the gallery. The judge declared that the court would leave small shop-keepers alone.

"We will start with the big fish," he said. This move, he explained, would have a greater impact on offenders and would set an example to others. He named big names that were behind setting up large shopping centres right in the middle of the capital's residential colonies.

He told the counsel for the Municipal Corporation of Delhi that MCD representatives were not even present when the cases were being heard for the past three days and that they had not filed affidavits on some issues. "Your attitude outside is no better than that inside the court," he admonished them.

Justice Sabharwal has no hesitation in tilting at gigantic issues, with an enthusiasm and persistence that would surprise many cynics.

While dealing with the poverty alleviation schemes of the government, he found that in Delhi, there were more ration card holders than the population. He has mooted the idea of putting card holders' names on the Internet so that those who are above the below-poverty-line will be exposed.

Another colossal issue before him is the import of hazardous chemicals by companies of advanced countries against the Basel convention. Shipments to shady companies were lying at Indian ports for several months when the case was taken up.

Many importers of hazardous chemicals abandoned their consignments and had not even left behind their addresses when they heard about the way the judge was going about it. As a first step, he has ordered the destruction of the dangerous goods. More steps are expected to follow.