SC LD ASSETS 2LST

The apex court's appeal said it totally disagreed with
the high court's view that the 1997 resolution of judges to
declare their assets voluntarily had a legal sanctitiy.
"The concept of independence of judiciary is not only
applicable vis-a-vis the judiciary at the institutional level
and other branches of government but it also applies at the
individual level. The result of giving legal sanctity to such
resolutions would result in impeding the independence of the
individual judges," the SLP said.
The observations of the High Court that the
resolutions have a binding effect and have legal sanctity
strikes at the root of independence of the higher judiciary at
the individualistic level, the apex court argued.
It maintained discolosure of such confidential matters
would go against the basic structure concept of the
Constition.
"A statute has to be read and interpreted in a manner
so as to uphold the basic structure of the constitution.
In the present case, the High Court while interpreting
the Right to Information under the Act with reference to the
judiciary ought to have appreciated and interpreted the right
under Section 2(j) in a manner which is in furtherance of the
basic structure of the Constitution namely "Independence of
the Judiciary," the appeal said.
"The impugned order seeks to give extra constitutional
legal sanctity to Resolutions which is impermissible under the
Constitutional framework. It is submitted that the same
cannot be said to have a legal sanction. The sanction is
moral only," the Supreme Court said. PTI