Judges free to declare assets: CJI

“The public has a right to know what is happening in judiciary and I am telling and I stand by what I have said on disclosure of assets by judges,” Balakrishnan said. He said,”If the judges want to declare their assets,no one can prevent (them). How can I prevent. If the law comes everybody has to declare.”

The CJI said Justice Kumar,who had said that the CJI had no authority to speak on behalf of other judges,wants publicity and that is why he has written on the issue,which is not good for a judge.

“He wants publicity and such a thing is not good for a judge. Judges should not be publicity-crazy,” he added. Balakrishnan said he has spoken about the declaration of assets by Supreme Court judges which they are doing. In the absence of law to make public the disclosure of assets,there is no agreement among the judges in this regard and a consensus has to be developed,he said.

The CJI’s views on the issue assume significance against the backdrop of a recent controversy when a bill on disclosure of assets by judges was deferred as well as the recent article by Justice Kumar in a newspaper.

Balakrishnan said the Supreme Court judges are following the resolution passed in 1997 by then CJI Justice J S Verma and declaring their assets involving real estates and other investments to the CJI.

All judges of the SC have given details about their assets and even the additional assets after assuming office. However,some of the High Courts have not accepted the resolution and the judges are not disclosing their assets to the Chief Justice. Justice Kumar in his article had said the CJI has no authority to speak for all the judges of the superior courts and his views are not necessarily the representation of the views of all the judges on the issue of disclosure of assets.

He had written that it was a misnomer that the judges of the superior courts are not ready to disclose their assets. He asked why should therefore be any reluctance or hesitation or even an objection on the part of any judge to disclose particulars of assets acquired by him or her after assuming the office of judge,as thereafter the only income is the salary unless the judge has any other source of income. Senior advocate and Constitutional expert K K Venugopal said,”I agree with the judge of the Karnataka High Court that all judges of the Supreme Court and High Courts should make complete disclosure of assets.

“This will only enhance the prestige of the Supreme Court and High Courts and also enhance the confidence that public have in administration of justice,” he said.

While former Law Minister and senior advocate Shanti Bhushan was in agreement with the views of Justice D V Shylendra Kumar of the high court,noted jurist P P Rao said being the head of the judiciary as an institution,the CJI was entitled to speak on the contentious issue. “The CJI can certainly speak on behalf of the judiciary as he is the head of the institution,” Rao said.