Friday, November 21, 2014

[rti4empowerment] No rule or law to suffix ‘Honorable’ before names of judges mandatorily// Apex Court fails to disclose asset details of its judges as mandated by Lokpal & Lokayukta act : RTI

 

According to Wikipedia, The prefix The Honourable or The Honorable (abbreviated to The Hon., Hon. or formerly The Hon'ble) is a style used before the names of certain classes of persons. It is considered an honorific styling. In the Republic of India, Judges of the Higher Judiciary, i.e., both Supreme Court & High Court, are referred as 'Honourable Mr./Mrs. Justice'. You might have seen it written in all court proceedings and orders of these courts but have you ever thought if use of this word The Honourable or The Honorable was at all made mandatory under any rule or law?

This September, founder of Lucknow/Bareilly based Social organization TAHRIR, Social Activist & Engineer Sanjay Sharma thought this and filed a RTI plea with CPIO of Apex Court of India.To dig out the truth behind the mandatory use of word 'Honorable' before names of judges, Sanjay filed a RTI with the CPIO of Apex Court of India. Point nos. 1-5 of RTI plea were related to this aspect only. Reply sent by Ajay Agarwal, CPIO /Additional registrar of Supreme Court of India clearly asserts that no such rule/order/circular/act is available.

Sanjay condemned this continuance of colonial practice of mandatory use of word 'Honorable' before names of judges even today and said that his organization 'TAHRIR' ( Transparency, Accountability & Human Rights initiative for Revolution ) shall , apart from sending memorandum to president of India, spread awareness to end this colonial practice of mandatory use of word 'Honorable' before names of judges that is largely discriminatory and is in use though it being illegal and in utter violation of Human Rights and law of equality of the people of India.

In his same RTI plea on point no. 6 Sanjay sought info on asset details filed by chief justice and other judges of Apex Court as mandated by Lokpal & Lokayukta act. Reply sent by Ajay Agarwal, CPIO /Additional registrar of Supreme Court of India clearly asserts that no such information is available. This makes it clear that till now, Judges of Apex Court have failed to file asset details as mandated by Lokpal & Lokayukta act.

Sanjay said that In July, the Department of Personnel & Training under the Ministry of Personnel, Public Grievances and Pensions, had issued a notification that under the Lokpal and Lokayuktas Act that mandated every public servant to file a declaration, information and annual returns of assets and liabilities of his family including him as of 31 March 2014 on or before 15 September 2014. Judges too, are public servants and are very much required to comply this notification in letter & spirit, said Sanjay.

Sanjay said that its shocking that even judges of Apex Court are reluctant to file annual property returns, a mandatory obligation under the Lokpal and Lokayukta Act. If Judges themselves do not follow the government's directives, how can they direct others to do so?" asked Sanjay , the Lucknow-based Social activist & founder of 'TAHRIR' who filed the query.

"Corruption maybe another aspect of this issue. The fact that judges are reluctant to share information about their property hints at possible corruption. Our newly elected Prime Minister's USP is good governance. If Judges conceal information about their property, how can Narendra Modi's vision of providing good and efficient governance be realised?" asked Sanjay.

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Posted by: urvashi sharma <rtimahilamanchup@yahoo.co.in>
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