Assets: ‘SC judges need not reveal more’

The court is of the opinion that the SC judges may have even overreacted by revealing their spouses’ wealth though the 1997 Resolution of the Supreme Court expressly demands it. “What if the wife has her own business and is wealthy? Does it mean she has to declare her assets,income tax returns,etc?” the Bench said. “With great humility we notice an aberration in the Resolution. It is as if after marriage the wife is holding on to the husband’s property,” the Bench noted.

The Bench is hearing an appeal filed by the Supreme Court against a “too broad and slightly unnecessary” — as Attorney General of India G E Vahanvati puts it — verdict of Justice S Ravindra Bhatt of the High Court,directing the SC judges to make public their assets under the RTI.

The sweep of the RTI Act,2005 seemed to shrink in the courtroom when Chief Justice Shah asked the AG,who appeared for the SC,what was “so complicated” about the issue of declaration of judges’ assets under the RTI.

“Earlier,the information on assets declarations was with the Chief Justice of India,held in confidentiality. Now,after they have been posted it on the website,there is nothing more to declare. There is no need to even put in an RTI application — the information is open to all. What is so complicated about all this? … RTI cannot ask further,” the Chief Justice said. As per the RTI Act,a public authority is only liable to give information available with it,that too,if the disclosure of the information is in public interest. To this,Vahanvati simply said: “I am happy.”

However,Justice Muralidhar,seemed dissatisfied. “But what if there is more to declare (by the judges)?” he asked Vahanvati. He continued: “We talk of ourselves,the judiciary,as a self-regulating and self-correcting body. The 1997 Resolution identifies certain values like declaration of assets. So when members of the judiciary identify certain values,isn’t it enough to make it binding?” At this point,the Attorney General clarified that though he strongly believes in RTI,he sincerely believes in protection of judges.