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This is an archive article published on November 3, 2009

SC judges list their assets for the people

After months of controversy,Chief Justice of India and all other judges of the Supreme Court 'voluntarily' declared their assets on the court's website.

After months of controversy over transparency and accountability,a heated public debate in Parliament and outside,and even a battle in court,Chief Justice of India Justice K G Balakrishnan and all other judges of the Supreme Court on Monday “voluntarily” declared their assets on the court’s website (www.supremecourtofindia.nic.in).

According to the website,the disclosure is purely on a “voluntary basis”,as was decided by all the judges,led by CJI Balakrishnan.

The only judge whose asset details were not posted — Justice H S Bedi — is learnt to have informed the CJI that he would do so in the “next few days” as his mother passed away on October 17.

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The declaration of assets has been done as per the format adopted at the Full Court meeting of the Supreme Court on May 7,1997.

The total strength of the apex court is 21,including the CJI.

Among those who declared their assets is also Justice B N Agrawal,who retired on October 15. Details of his assets were put on the website as per his “special request.”

So far,only judges of the Kerala High Court and the Karnataka High Court have declared their assets but the SC’s move is expected to clear the way for all High Court judges to do the same.

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The list of assets include both movable and immovable assets owned by the judges and their spouses.

The issue of declaration of assets has been a matter of controversy after the CJI said a few months ago that there was no law that made it mandatory for judges to make their assets public.

However,bowing to public pressure,including by sitting judges and former CJI J S Verma,as well as politicians,the Supreme Court finally decided on August 26 to make public their assets.

Today’s disclosure comes even though it appealed against a landmark Delhi High Court judgment on September 2,upholding a Central Information Commission (CIC) direction to provide information as to whether judges were disclosing their assets to the CJI,as resolved under a 1997 resolution.

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Aggrieved by the single judge’s decision,the SC Registry went in for an appeal before the HC’s division bench.

The next hearing in the case is slated for November 12 and 13.

The issue first hit headlines after RTI activist Subhash C Agarwal’s plea for declaration of assets by the judges was turned down by the apex court in November,2007.

On January 6,2009,the CIC directed the SC to disclose information on judges’ assets on the grounds that the CJI’s office fell under the purview of the RTI Act.

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However,the SC decided to challenge the CIC decision in the Delhi High Court,which upheld the CIC decision.

In its appeal,the SC has asserted that declaration of assets by its judges to the CJI is “personal” information which cannot be revealed under the RTI Act.

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