Saturday 22 November, 2014

No rule or law to make suffixing ‘Honorable’ before names of judges mandatory // Apex Court fails to disclose asset details of its judges as mandated by Lokpal & Lokayukta act : RTI reply

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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