Judges free to declare assets: CJI

New Delhi, Aug 23 (PTI) Seeking to dispel the impression
that he was against disclosure of assets by judges, Chief
Justice of India K G Balakrishnan Sunday said the members of
higher judiciary are free to do so and attacked Karnataka High
Court Judge D V Shylendra Kumar as being "publicity-crazy".

He also said he has the right to speak on behalf of all
judges as head of judiciary and this is the practice in
judicial systems in other countries too.

"The public has a right to know what is happening in
judiciary and I am telling and I stand by what I have said on
disclosure of assets by judges," Balakrishnan told PTI.

He said, "If the judges want to declare their assets, no
one can prevent (them). How can I prevent. If the law comes
everybody has to declare."

The CJI said Justice Kumar, who had said that the CJI had
no authority to speak on behalf of other judges, wants
publicity and that is why he has written on the issue, which
is not good for a judge.

"He wants publicity and such a thing is not good for a
judge. Judges should not be publicity-crazy," he added.

Balakrishnan said he has spoken about the declaration of
assets by Supreme Court judges which they are doing. In the
absence of law to make public the disclosure of assets, there
is no agreement among the judges in this regard and a
consensus has to be developed, he said.

The CJI's views on the issue assume significance against
the backdrop of a recent controversy when a bill on disclosure
of assets by judges was deferred as well as the recent
article by Justice Kumar in a newspaper.

Balakrishnan said the Supreme Court judges are following
the resolution passed in 1997 by then CJI Justice J S Verma
and declaring their assets involving real estates and other
investments to the CJI.

All judges of the SC have given details about their
assets and even the additional assets after assuming office.

However, some of the High Courts have not accepted the
resolution and the judges are not disclosing their assets to
the Chief Justice.

Justice Kumar in his article had said the CJI has no
authority to speak for all the judges of the superior courts
and his views are not necessarily the representation of the
views of all the judges on the issue of disclosure of assets.

He had written that it was a misnomer that the judges of
the superior courts are not ready to disclose their assets.

He asked why should therefore be any reluctance or
hesitation or even an objection on the part of any judge to
disclose particulars of assets acquired by him or her after
assuming the office of judge, as thereafter the only income is
the salary unless the judge has any other source of income.

Senior advocate and Constitutional expert K K Venugopal
said, "I agree with the judge of the Karnataka High Court that
all judges of the Supreme Court and High Courts should make
complete disclosure of assets.

"This will only enhance the prestige of the Supreme Court
and High Courts and also enhance the confidence that public
have in administration of justice," he said.

While former Law Minister and senior advocate Shanti
Bhushan was in agreement with the views of Justice D V
Shylendra Kumar of the high court, noted jurist P P Rao said
being the head of the judiciary as an institution, the CJI was
entitled to speak on the contentious issue.

"The CJI can certainly speak on behalf of the judiciary
as he is the head of the institution," Rao said. PTI RKS
PMR
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