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This is an archive article published on November 12, 2009

Resolution by judges for declaring assets is binding: HC

The Delhi High Court said the resolution passed by the SC judges for declaring their assets is binding on them as it was part of the self-regulatory mechanism for the judiciary.

The Delhi High Court on Thursday said the resolution passed by the Supreme Court judges for declaring their assets is binding on them as it was part of the self-regulatory mechanism for the judiciary.

“If we accept your (apex court registry) arguments (that resolution is not binding on judges),then it would have serious implication on self-regulation. It is binding and its non-observance has certain consequences,” a three-judge bench headed by the Chief Justice A P Shah said.

The Court pointed out that the resolution for declaring assets by the judges to the CJI was part of the broader issue of maintaining judicial values and it cannot be said to be non-binding as in-house proceedings can be initiated against a judge for violating the values.

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The bench,also compromising Justices Vikramjeet Sen and S Muralidhar,however said it has to be considered whether assets of the judge’s wife has also to be declared as it might amount to violation of their right to privacy.

The Court made the remarks when the Attorney General Goolam E Vahanwati contended the resolution was non-statutory,non-binding and it cannot force a judge to declare assets to the Chief Justice.

The bench was hearing an appeal filed by the apex court against the verdict of a single-judge bench of the High Court which had held that the office of the Chief Justice of India comes within the purview of Right to Information Act and details of judges’ assets should be revealed.

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