While a Delhi High Court judge is yet to decide whether the apex court should make public its judges’ assets, Attorney General (AG) G E Vahanvati — in a surprise turn of events — agreed before Justice Sanjiv Khanna to reveal information on what action the Chief Justice of India (CJI) took on complaints filed against a sitting Allahabad High Court judge.

The AG’s submission on behalf of the apex court came even as the Judges’ Assets Bill was deferred due to opposition for its proposal to keep judges’ assets outside the purview of the RTI.

The debate as to whether the apex court comes under the RTI purview started on January 6, 2009 when the Central Information Commission (CIC), on a petition filed by applicant S C Agarwal, decided that Supreme Court judges were indeed obliged to disclose their assets to the public.

The CIC decision was challenged in the Delhi High Court and is currently reserved for final orders.

The Supreme Court’s position under the RTI again came under the lens recently with the apex court moving the High Court against a second CIC order on July 16 — this time on an appeal by applicant P K Dalmia — which directed the apex court to reveal the action taken by the CJI against the sitting Allahabad judge.

The Attorney General submitted that the court was willing to share what the CJI did with Dalmia’s complaints, but was careful to underline the fact that Tuesday’s development should not be construed as an acceptance of the “correctness” of the CIC decisions.

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