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Court to discuss resolution on declaration of assets by judges

Mohamed Imranullah S.

It was adopted by the Supreme Court

MADURAI: Chief Justice of India K.G. Balakrishnan has written to Madras High Court to take up for discussion a resolution passed by the Supreme Court on declaration of assets by its judges and their families.

According to sources in the High Court, the Full Court (all Judges) would meet soon, subject to the discretion of Chief Justice A.K. Ganguly, to consider adopting a similar resolution.

The apex court resolution stated that every judge, including the CJI, should disclose assets in the form of real estate or investments held by them, their spouses and other dependants. Copies of the CJI’s letter as well as the Supreme Court resolution state that the declaration of assets by the Chief Justice as well as other puisne judges shall be kept confidential.

The disclosure should be made within a reasonable time of assuming office and, in the case of sitting judges, within a reasonable time of adoption of the resolution. Any substantial acquisition made thereafter should also be disclosed.

Judges should make the declaration to the Chief Justice, who shall also disclose his assets for the purpose of record.

The CJI’s letter, dated May 8, 2008 addressed to the then Chief Justice of Madras High Court, Ajit Prakash Shah, insisted on circulating the Supreme Court resolution among all High Court judges.

However, the matter could not be taken up by the Full Court as Mr. Justice Shah was transferred to the Delhi High Court on May 9.

As of now, only the subordinate judicial officers in Tamil Nadu and Puducherry are required to declare their assets to the Madras High Court. They have to inform about purchase of any kind of movable or immovable property.

The High Court Judges do not declare their assets as there is no rule mandating them to do so.

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