In more trouble: 'There are doubts about Balakrishnan’s integrity.'

Deccan Herald; Saturday 19 February 2011,

Former chief justice of India K G Balakrishnan’s keenness to keep details of his income tax returns secret strengthens widely-shared suspicions about his rectitude.

Balakrishnan has not been famous for his commitment to openness. He had stalled requests under the Right to Information Act to reveal the financial status of members of the higher judiciary. He has shown the same negative attitude in dealing with a request for disclosure of his income tax details. A citizen had sought these details under the RTI Act from the income tax department in Kochi. The department wrote to Balakrishnan about the request, but he has maintained that there is no legal need to make the disclosure. Considering his objection, the citizen’s request was rejected.

The department acted wrongly in concurring with Balakrishnan’s view. The law does not consider income tax returns confidential documents when public interest is involved. Balakrishnan was the country’s chief justice and is now the chairman of the national human rights commission. His income is of public interest, especially in the wake of charges that his relatives amassed huge wealth disproportionate to their income during his tenure as the CJI. The charges are credible and are being investigated. They have created doubts about Balakrishnan’s integrity. If he wanted to remove these doubts he should have agreed to make his income public.

The Delhi high court has held that the chief justice of India comes under the purview of the RTI Act. The ruling still holds and so Balakrishnan’s contention is legally unsound. He had put forward lame excuses and unconvincing arguments in the past to prevent the disclosure of wealth by judges, though many of them wanted to do so. When he told the income tax department to reject the request he should also have explained how the disclosure of the information would adversely affect any genuine personal interest or the public interest. He has not done that. His contention that his PAN and bank account numbers might be misused if they are disclosed is unconvincing. The applicant is sure to go in appeal. In another disproportionate assets case, the supreme court has asked the Centre to file a status report on a complaint against Balakrishnan. It is high time, the former CJI came clean on all these allegations and cleared his name.