HC defers hearing on plea on declaration of judges' assets

The Delhi High Court deferred hearing on a petition filed by the Supreme Court challenging a Central Information Commission (CIC) order directing that assets of the judges should be made public. Justice S Ravinder Bhat adjourned the matter and posted it for further hearing on 17th March. The Court, however, issued notice to contesting parties on an application filed by the Delhi High Court Bar association seeking to be impleaded in the case and asked them to file their reply by the next date of hearing. Advocate Gaurav Duggal, appearing on behalf of the Supreme Court, opposed the plea of Bar Association and said there is no such necessity for it to be made party in the case. The Supreme Court in its affidavit had said declaration of assets by its judges to the Chief Justice is "personal" information which cannot be revealed under the Right to Information Act. The apex court, in a submission before the High Court, however, had made it clear that its judges are not opposed to declaring their assets but there is no legal obligation to do so. "It is submitted that the information which is sought (pertaining to judges assets) is purely and simply personal information, the disclosure of which has no relationship to any public activity," the apex court had said. "It is submitted that the information sought is not in public domain. The voluntary declaration given by the judges cannot be said to be information in public domain," the apex court had said. "Under the RTI Act, the right to information is in respect of information which is required to be held by a public authority under any provision of law. In the instant case there is no legal or constitutional requirement for filing the declaration and as such, the declaration filed if any cannot be subject matter of the Act," the apex court had said. The seven-page affidavit was filed in response to a reply of an RTI applicant who pleaded that all information given to CJI comes within public domain and that he cannot be denied such information. The apex court had contended that resolution passed by its judges pertaining to declaration of assets is not binding in law. "The said resolution dated 7th May, 1997 does not have force of law. In these circumstances the RTI applicant has no right to access information as such information is not held by any public authority under any law," the affidavit said. "It is submitted that the voluntary declaration made are outside the purview of the RTI Act," the affidavit added. The apex court had said the judges are not averse to declaring their assets but there should be a proper law prescribing the manner of declaration with proper safeguard to prevent misuse of such information. "Judges of the Supreme Court are not opposed to declaring their assets provided that such declaration are made in accordance with due procedure laid down by a law," the affidavit said. The Court had on 19th January stayed the order of the CIC that the office of Chief Justice of India comes within the ambit of the RTI Act and information given to CJI has to be revealed to the RTI applicant. The petition was filed by the CPIO of Supreme Court challenging the 6th January order of the CIC.

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