RTI on assets of Bombay HC judges rejected.

MUMBAI; Shibu Thomas, TNN; Mar 15, 2011,

The Bombay High Court appellate authority, under the Right to Information (RTI) Act, has dismissed an application made by a Mumbai-based lawyer seeking details of its judges` assets.

Registrar (Inspection I), designated as the first appellate authority, recently upheld the HC public information officer (PIO)`s order of November 8, 2010. The PIO had declined to divulge details of the high court judges` assets on the ground that "the information regarding declaration of assets of the HC judges is with the Chief Justice in a fiduciary capacity."

In his appeal against the order, advocate Mathews Nedumpara questioned the registry`s claim that the information was not available with it. Two weeks ago, the appellate authority had ruled that claims of the high court registry that "it doesn`t maintain records on such parameters", can`t be said to be unsustainable.

The PIO had also stated that the issue whether the RTI law applied to information under the control of the Chief Justice itself was pending before the Supreme Court, and was therefore sub judice. The appellate authority, while dismissing Nedumpara`s appeal, pointed out that the SC had stayed the order of the Chief Information Commissioner and the Delhi High Court to disclose judges` assets.

Nedumpara sought the information as he said it was "in the public domain and its disclosure was not against public interest". He contended that the PIO`s inability to furnish information on account of the pendency of the case in the apex court was a "subterfuge". The lawyer claimed that even if the information about assets of the judges was not available with the high court registry, the details "could be organized without any difficulty".

The appellate authority, however, did not agree with Nedumpara. saying "no fault could be found with the PIO's reply to the RTI application". It said Nedumpara could challenge its order before the State Information Commissioner.

The judges of the Supreme Court had put the assets of its judges online in 2009. Many high courts across the country followed suit, including at Kerala, Karnataka, Delhi and Punjab and Haryana, Himachal Pradesh and Jammu & Kashmir. Over a year and a half ago, i In September 2009, judges of the Bombay High Court had decided , through a unanimous resolution of the full court, to make their assets public. The information is yet to be made available.