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The Supreme Court, which refused to disclose information on the assets of judges on an order from the Central Information Commission, has got a brief reprieve with the Delhi High Court staying the CIC’s order
The Delhi High Court has stayed an order of the Central Information Commission (CIC), issued on January 6, 2009, directing the Supreme Court’s central public information officer to provide information about the declaration of assets by judges of the Supreme Court and high courts. Applicant S C Agrawal wanted to know, under the Right to Information (RTI) Act, whether judges had declared their assets to the chief justice as they were required to do under a May 7, 1997, resolution adopted at the all-India judges conference. The Supreme Court refused to furnish the information, arguing that the chief justice was not obliged to give the information under RTI because the information was disclosed to the chief justice in a “voluntary and confidential manner” and that he held the information in his “personal capacity”. A distinction was also sought to be made between the chief justice and the registry of the Supreme Court. During the hearing of its appeal against the CIC order before the Delhi High Court on January 19, 2009, Solicitor General G E Vahanvati argued that disclosing information about the assets of judges was not mandatory under the law, and that the CIC’s decision was excessive and without jurisdiction. The Delhi High Court will now hear the matter on February 12, 2009. It had asked noted lawyer Fali S Nariman to act as amicus curiae to assist the court, but Nariman refused saying he had strong views on the matter which he had expressed in a newspaper. RTI activists are puzzled by the chief justice’s refusal to disclose the information. Admiral (retired) R H Tahiliani, chairman of Transparency International, said it was “inexplicable as to why the CJI or other judges of the Supreme Court are unwilling to disclose their assets, particularly when they themselves directed even candidates contesting elections to publicly declare their assets”. Source: YahooIndia News, January 21, 2009
The Hindu, January 20, 2009
The Indian Express, January 20, 2009
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