New Delhi: The Delhi High Court on Tuesday sought the Centre's response on a plea challenging provisions of the Lokpal Act which make it mandatory for public servants to disclose assets of their spouses and children. A division bench of justices S Ravindra Bhat and Vipin Sanghi issued notice to Ministry of Personnel, Public Grievances and Pensions, Ministry of Communications and IT and Ministry of Law and Justice, seeking their replies by November 24.
The court was hearing a plea by Vinita Singla, wife of a public servant and working with an IT company, who opposed the Lokapal provisions contending that they were violative of her Fundamental Rights.
She submitted that if independent liabilities of the spouse and or the dependent children, which have no relation with the public servant, are disclosed on government website, they will "cause prejudice and humiliation before the public at large".
"Prima facie, there is merit in the petitioner's contention. She is a private citizen and declaration of her assets is violation of the Article 21 of the Constitution. "Issue notice. Petitioner is directed to furnish the information in sealed cover which would be handed over to the authorities concerned. This order shall remain in force till final disposal of the case," the bench said.
The bench also directed the ministries concerned to ensure that the secrecy of documents is maintained. The petition filed through advocate Manish Jain says Singla is an independent woman, who has been working in a major IT company of India much before her marriage and is still under active employment.
The counsel said she is drawing a salary from the company and is also under an obligation towards her company to not disclose her salary. She has also generated assets (movable and immovable) from her income, Jain said, adding that she owns certain assets in which her husband, who is a public servant, has no contribution in any manner.
"According to section 44 (2) and 44 (6) of Lokpal and Lokayuktas Act, 2013 every public servant shall make a declaration of his assets and liabilities in the manner as provided under the Act besides the assets of his spouse and his dependent children are, jointly or severally, owners or beneficiaries," the petition said.
The plea contends that "if the independent liabilities of the spouse and or the dependent children, which has no relation with the public servant, is disclosed on the website, the same will inter-alia cause prejudice and humiliation before the public at large.
"It is submitted that being aggrieved from the said provisions of the said Act and consequent Rules and Departmental Letter, the petitioner herein has filed the present writ petition, thereby requesting and praying this Hon'ble Court to exercise its extra ordinary writ jurisdiction for the protection of the fundamental rights and interest of the petitioner," the plea added.
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