asset declaration by Supreme Court Judges

Writ
Petition (Civil) No. 288 of 2009 before the Delhi High Court, which
was decided by the learned Single Judge vide judgment dated 02nd
September, 2009, and the findings were summarised as:

Re Point No. 3: Whether asset declaration by Supreme
Court Judges, pursuant to the 1997 Resolution are
information, under the Right to Information Act, 2005.

Answer: It is held that the second part of the
respondent's application, relating to declaration of
assets by the Supreme Court Judges, is information
within the meaning of the expression, under Section 2
(f) of the Act. The point is answered accordingly; the
information pertaining to declarations given, to the CJI
and the contents of such declaration are information
and subject to the provisions of the Right to Information
Act.

Re Point No. 4: If such asset declarations are “information” does the CJI hold them in a “fiduciary” capacity, and are they therefore, exempt from disclosure under the Act

Answer: The petitioners' argument about the CJI holding asset declarations in a fiduciary capacity, (which would be breached if it is directed to be disclosed, in the manner sought by the applicant) is insubstantial. The CJI does not hold such declarations in a fiduciary capacity or relationship.