The Union Law Minister Virappa Moily and the Chief Justice of India K.G. Balakrishnan are keen on safeguarding Judges against public probity by clause 6 in the proposed Judges [Declaration of Assets and Liabilities] Bill 2009. While the bill mandates the judges to declare their assets, the clause 6 in it keeps such declaration outside the purview of the Right to Information [RTI] Act.
The Chief Justice of India is agreeable to judges declaring their assets and liabilities to him [competent authority] but not to the general public through RTI Act. He calls it a potential instrument of harassment of Judges by disgruntled litigants with vexatious litigation and the belittlement of judges with unproven smear.
The CJI of India should not worry about frivolous accusations or smear campaign against members of the judiciary from the Indian people. He should concentrate on restoring people’s faith in the judiciary. He may impress upon the judges the need to change their image and the need for total transparency as the first step.
The Law minister, instead of trying to manipulate consensus on keeping the objectionable clause, must introduce the bill after deleting clause 6.
This country is traditionally very reverential of the judiciary. Panch is called Parmeshwar, where Panch stands for justice dispensing five elders of a village and Parmeshwar is the God Almighty. Once a person sits on judgment he is trusted to have taken up God’s mantle and his utterance is taken as God’s own word.
Dr. Mookhi Amir Ali
Mumbai