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LEGAL

saying judicial independence was not Referring to the RTI provisions, of judicial independence is not judge’s
a judge’s privilege, but a responsibility Bhushan had said that judiciary is free personal privilege but responsibility
cast upon him. from “public scrutiny”. Bhushan had cast on the person, the HC had said in
It may be recalled that the move pleaded, “This is not the independence its ruling.
to bring the office of the CJI under the from accountability. Independence of The issue dates back to 2007 when
transparency law was initiated by judiciary inversely means independent Subhash Chandra Aggarwal, RTI ac-
RTI activist SC Agrawal. His lawyer from the executive, an important pil- tivist, filed a plea in HC seeking details
Prashant Bhushan had submitted in lar of democracy but not independent of judges’ assets, but the information
the top court that though the SC should from common public. People are enti- was denied. In 2009, Agrawal filed an
not have been judging its own cause, it tled to know as to what public authori- RTI application in the Supreme Court’s
is hearing the appeals due to “doctrine ties are doing.” Central Public Information Officer
of necessity”. The lawyer had submitted The verdict comes in the matter of a (CPIO). He had sought details regarding
that the apex court has always stood plea filed by Supreme Court Secretary- the appointments of three SC judges:
for transparency in the functioning of General challenging Delhi High Court’s justices R.M. Lodha, H.L. Dattu and
other organs of State, but it develops 2010 order holding that the CJI’s office A.K. Ganguly.
cold feet when its own issues require is a “public authority” and falls under
attention. the ambit of the RTI Act. The concept LETTERS@TEHELKA.COM

Chronology

November 11, 2007: RTI activist March 24: HC says that Judges can- November 13: HC reserves judgment
Subhash C Aggarwal files a plea in not be treated like politicians on on the appeal.
the Supreme Court seeking informa- asset declaration. January 12, 2010: HC says the office
tion on judges’ assets. May 1: Delhi High Court Bar Associa- of CJI comes within the ambit of the
November 30: Information denied tion moves implement application RTI Act.
in the reply to him. in HC saying that Judges should November 26: Secretary General of
December 8: First appeal filed at voluntarily declare assets. SC and CPIO file 3 appeals against
SC’s registry against the denial of May 4: SC says too much transpar- the HC and CIC orders.
information. ency can affect independence of August 17, 2016: SC refers the matter
January 12, 2008: First appeal dis- judiciary. to a Constitution bench. After the
missed by SC’s registry. May 4: HC reserves order on SC Delhi HC judgment in 2010, an
March 5: Aggarwal approaches CIC. plea. appeal was filed in the apex court
Jan 6, 2009: The CIC asks SC to dis- September 2: Single Bench of High but it took another six years and it
close information on Judges’ assets Court upholds CIC’s order saying was in August 2016 that three-judge
on the ground that CJI’s office comes that CJI’s office comes within the bench headed by Justice Ranjan
within the ambit of RTI Act. ambit of RTI Act and judges’ assets Gogoi referred it to the constitution
January 17: The SC moves Delhi HC be made public under the transpar- bench.
against CIC order. ency law. In these nine years, there were
January 19: The Delhi High Court October 5: The Apex Court chal- serious questions raised against the
stays CIC order; asks constitutional lenges single bench verdict before functioning of Supreme Court. From
expert Fali S Nariman to assist it in division bench. Collegium’s decision’s regarding the
deciding the legal issue. Nariman October 6: HC agrees to give an ur- appointment and transfer of some
declines saying he is of the view that gent hearing to the Supreme Court’s High Court judges to the allocation
Judges must declare their assets and petition. of important cases
he would not be able to be impartial October 7: HC admits the appeal and April 4, 2019: SC reserves verdict on
in the case. constitutes a special three-judge whether CJI’s office is public author-
March 17: The SC says its judges not bench to decide the issue. ity under RTI Act
averse to declaring their assets and November 12: HC observes that the November 13: SC upholds 2010 Delhi
Parliament can enact a law pertain- resolution passed by the Supreme High Court verdict, holds office of
ing to such declaration but it must be Court judges for declaring their as- the CJI is a public authority and falls
ensured that the law is not misused. sets to CJI is binding on them. within the ambit of RTI.

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