the Lokpal and Lokayukta Act, 2013

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