These declarations of Assets in the form of real estate or investments have been made to the Chief Justice of the High Court in accordance with the Full Court (of the Supreme Court) resolution dated 7th May, 1997, adopted by the Full Court of the High Court of Delhi on 26th July, 1997 and reiterated on 8th July 2008.
The decisions of this court in Central Public Information Officer-vs-Subhash Chandra Agarwal (W.P. No. 288/2009, decided on 2.9.2009 by a single judge) as upheld in Secretary General, Supreme Court of India-vs-Subhash Chandra Agarwal (decided on 12-1-2010 by a Full Bench) held that “such personal information regarding asset disclosures need not be made public” unless public interest considerations dictate it, under Section 8 (1) (j), of the Right to information Act, 2005. The safeguard (of privacy), it was held, “is made in public interest in favour of all public officials and public servants.
The Full Court Resolution of the Supreme Court of India on 7th May , 1997 adopted by the Full Court of the High Court of Delhi on 26th July, 1997 and reiterated on 8th July, 2008:
“Resolved that every Hon’ble Judge should make a declaration of all his/her assets in the form of real estate or investments (held by him/her in his/her own name or in the name of his/her spouse or his/her dependant family member within a reasonable time of assuming office and in the case of sitting judges within a reasonable time of the adoption of this Resolution and thereafter when ever any acquisition of a substantial nature is made, it shall be disclosed within a reasonable time. The declaration so made shall be to Hon’ble the Chief Justice of this Court. Hon’ble the Chief Justice should make a similar declaration for the purpose of the record. The declaration made by the Hon’ble Judges or Hon’ble the Chief Justice, as the case may be, shall be confidential.”
The declarations, however, are placed in the public domain, in view of the Full Court resolution of the Delhi High Court, dated 28.08.2009 when it was agreed to make the declarations public.
