THE DELHI HIGH COURT ON TUESDAY STAYS PUBLIC DECLARATION OF ASSETS OF SPOUSES AND DEPENDENT CHILDREN OF GOVERNMENT EMPLOYEES UNDER LOKPAL ACT

                                                         IN THE HIGH COURT OF DELHI AT NEW DELHI

  W.P.(C) 6010/2014

  VINITA SINGLA ..... Petitioner

  Through: Mr.Manish Jain, Mr.Ankur Garg, Mr. Sougata Ganguly, Mr.
  Rukban Tyagi and Mr. Deepak Kumar Bansal, Advocates




versus



  UNION OF INDIA and ORS ..... Respondents

  Through: Mr. Akshay Makhija, CGSC with Mr. Rohitendra Del, Advocate



  CORAM:

   HON'BLE MR. JUSTICE S. RAVINDRA BHAT

   HON'BLE MR. JUSTICE VIPIN SANGHI



   O R D E R

   09.09.2014



  C.M. No.14658/2014 (Exemption)

  Allowed, subject  all just exceptions.

  W.P.(C) 6010/2014 and C.M. No.14657/2014

  Issue notice. Counsel for the respondent accepts notice.

  The petitioner impugns Section 44(2) and 44(6) of the Lokpal and
  Lokayukta Act, 2013 to the extent that they invade her privacy. These
  provisions, it is urged, compel the disclosure of income earned and
  assets owned by spouses of public servants, who are not public servants
  themselves.



  It is submitted that ruling by compulsion of these provisions, a
  public servant has to necessarily disclose these particulars, failing
  which they would be deemed to be his assets and income under Section 45,
  potentially exposing him to action under the Act.

  Learned counsel urges that the mandate of Rule 3, i.e. disclosure of the information before 15th September ? unless stayed, would result in
  the present proceedings being rendered infructuous, inasmuch, as, the
  information would have to be furnished by her husband.

  Rule 3 reads as follows:

  ?3. Manner of submission of information and annual return.??

  (1) Every public servant shall make a declaration of his assets and
  liabilities under sub-section (1) of section 44 in the format specified
  in Appendix-I, along with the information required under sub-section
  (2), or as the case may be, sub-section (3), and the annual return under
  sub-section (4) of section 44 in Forms I to IV specified in Appendix-II.

  (2) Every public servant shall file declaration, information or
  return, as the case may be, regarding his assets and liabilities as on
  the 31st day of March every year, to the competent authority as referred
  to in clause (c) of sub-section (1) of section 2, on or before the 31st
  day of July of that year:

  Provided that the public servants who have filed declarations,
  information and annual returns of property under the provisions of the
  rules applicable to such public servants shall file the revised
  declarations, information or as the case may be, annual returns as on the
  1st day of August, 2014, to the competent authority on or before the 15th
  day of September, 2014?.



  This Court has considered the submissions. Prima facie, there is
  merit in the petitioners contention that as a private citizen, the
  indirect method adopted by Section 44 in compelling disclosure, which is
  essentially falling within her exclusive control, results in violation of
  Article 21. However, this aspect requires to be gone into. At the same
  time, in the absence of an interim order, there is likelihood of
  prejudice.

  Balancing all these factors, the petitioner shall comply with Rule
  3 by furnishing the particulars in a sealed cover to be submitted by her
  husband to the respondents, which in turn be furnished to the competent
  authority under the Rules. This interim order shall subsist till the
  final disposal of the petition.

  It shall be the responsibility of the competent authority to ensure
  that the secrecy of the declaration is maintained during the pendency of
  the proceedings.

  List on 24.11.2014.





  S. RAVINDRA BHAT, J







  VIPIN SANGHI, J
   SEPTEMBER 09, 2014