In a landmark verdict against the Supreme Court, the Delhi High Court on Tuesday held that the office of the Chief Justice of India comes within the ambit of the Right to Information (RTI) law, saying judicial independence is not a judge's privilege but a responsibility cast upon him.
In a landmark verdict against the Supreme Court, the Delhi High Court on Tuesday held that the office of the Chief Justice of India comes within the ambit of the Right to Information (RTI) law, saying judicial independence is not a judge's privilege but a responsibility cast upon him.
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The 88-page judgement is being seen as a personal setback to CJI KG Balakrishnan, who has been opposed to disclosure of information relating to judges under the RTI Act.
A three-judge bench comprising Chief Justice AP Shah and Justices Vikramjeet Sen and S Muralidhar dismissed a plea of the Supreme Court which contended that bringing the CJI's office within the RTI Act would hamper judicial independence.
"The judicial independence is not a privilege to a judge but a responsibility," the High Court said, adding that the CJI cannot be said to have fiduciary relationship (between a trustee and a beneficiary) with other judges.
Taking a step further to bring transparency in judiciary, the bench while pronouncing the verdict in a packed courtroom, said its judges will be making their assets public within a week.
CJI has consistently been maintaining that his office does not come within the ambit of the RTI Act and the information including the declaration of assets of its judges cannot be made public under it.
Following is the chronology of judges' assets declaration case in which the Delhi High Court held that CJI's office comes within the purview of the RTI Act and details on assets can be revealed.
Nov 11, 2007: RTI activist Subhash C Aggarwal files a plea in the SC seeking information on judges' assets.
Nov 30, 2007: Information denied in the reply to him.
Dec 08, 2007: First appeal filed at SC's registry against the denial of information.
Jan 12, 2008: First appeal dismissed by SC's registry.
March 5, 2008: Aggarwal approaches CIC.
Jan 6, 2009: The CIC asks the SC to disclose information on judges' assets on the ground that CJI's office comes within the ambit of RTI Act.
Jan 17, 2009: SC moves Delhi HC against CIC order.
Jan 19, 2009: The Delhi High Court stays the CIC order and asks the noted constitutional expert Fali S Nariman to assist it in deciding the legal issue. Nariman, however, refuses to assist the court saying that he is of the view that judges must declare their assets and he would not be able to be impartial in the case.
Feb 26, 2009: SC says that declaration of assets by its judges to the Chief Justice are personal information which cannot be revealed under the RTI Act.
Mar 17, 2009: SC says that its judges are not averse to declaring their assets and Parliament can enact a law pertaining to such declaration but it must be ensured that the law is not misused
Mar 24, 2009: HC says that Judges cannot be treated like politicians on asset declaration.
May 1, 2009: Delhi HC Bar Association moves impleadment application in HC saying that Judges should voluntarily declare assets.
May 4, 2009: SC says too much transparency can affect independence of judiciary.
May 4, 2009: HC reserves order on SC plea.
Sep 2, 2009: Single Bench of HC upholds CIC's order saying that CJI's office comes within the ambit of RTI Act and judges' assets be made public under the transparency law.
Oct 5, 2009: The Apex Court challenges single bench verdict before division bench.
Oct 6, 2009: HC agrees to give an urgent hearing to the SC's petition.
Oct 7, 2009: HC admits the appeal and constitutes a special three-judge bench to decide the issue.
Nov 12, 2009: HC observes that the resolution passed by the SC judges for declaring their assets to CJI is binding on them.
Nov 13, 2009: HC reserves judgement on the appeal.
Jan 12, 2010: HC says that the office of CJI comes within the ambit of the RTI Act.
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