SC files appeal in assets case, says CJI beyond RTI ambit

New Delhi, Oct 5 (PTI) In a battle royale, the Indian
apex court, Supreme Court Monday told the Delhi High Court
that the office of Chief Justice of India does not not come
within the ambit of the right to information law and
challenged its order directing the apex court to reveal
information on judges assets.

The decision of the High Court is "bad in law" and
"deserves to be set aside", the appeal filed by the Supreme
Court Registry said, contending that there were 58 errors in
the 71-page verdict of its single judge bench.

The High Court, in its September 2 verdict on the
controversial issue, had held that the CJI was a public
authority and his office came within the purview of the
transparency law.

The judgement was contrary to the stand taken by CJI K
G Balakrishnan, who had consistently been maintaining that his
office is beyond the purview of the Right to Information Act.

"The analysis of the single judge is essentially wrong
and the conclusions reached by him are unjustified in law and
constitutional theory," the appeal finalised by Attorney
General G E Vahanvati said, adding "the analysis of
the RTI Act done by the judge is essentially wrong."

The apex court said that the office of the CJI was
different from its registry and all the information received
by the head of judiciary cannot be revealed under the
transparency law.

"The single judge erred in law in holding that all the
information received by the CJI falls under the purview of the
Act," it said, adding the judge was wrong in coming to the
conclusion that office of the CJI and the registry are one and
the same public authority.

It said the verdict saying that the 1997 resolution
passed by the judges on disclosure of assets to the CJI was
binding and had the "force of law" was an erroneous finding.

"The judge failed to appreciate that the information
regarding the declaration of assets by the Supreme Court
judges was not covered under the RTI Act," the appeal said,
adding that the voluntary declaration of assets by the judges
cannot be said to be held under the control of any public
authority.

Although the Supreme Court had agreed to put the
information regarding assets of judges on its website, the
appeal filed deals with the larger issue whether the CJI's
office comes within the ambit of the RTI Act.

The appeal against the single bench verdict would be
heard by a division bench of the High Court.

The single bench of Justice S Ravindra Bhat had
rejected the plea that the disclosure of information on assets
which was made to the the CJI was "unworkable".

The verdict had come in the backdrop of an intense
debate over the issue and the earlier decision of the Supreme
Court judges to make public their assets on the official
website.

The High Court, which described the transparency law
as a "powerful beacon," had said the modalities for revealing
information could be decided by the CJI in consultation with
other judges.

"These are not insurmountable obstacles. The CJI, if
he deems it appropriate, may in consultation with the Supreme
Court judges evolve uniform standards, devising the nature of
information, relevant formats and, if required, the
periodicity of declaration to be made," it had said.

The court, dwelling upon the importance of the RTI
Act-2005 had said, "the Parliamentary intention in enacting
this law was to arm citizens with the mechanism to scrutinise
government and public processes and ensure transparency."

It did not agree with the apex court's contention
that the 1997 resolution passed by the judges on disclosure of
assets to the CJI was not binding, saying it was adopted to
set the best ethical standards in the higher judiciary. PTI
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