PIL against Lokpal provisions: HC to hear plea on Sep 15

The Delhi High Court today agreed to hear a PIL challenging the provisions of the Lokpal and Lokayukta Act which make it mandatory for public servants to disclose assets of their spouse and children.
A bench of Chief Justice G Rohini and Justice R S Endlaw, however, referred it to another bench, where a similar case is pending.
"Similar matter is being heard by another bench, let it be tagged along with that matter. There can't be two orders on the same issue.
"Let it be listed before the Division Bench No 5 (bench headed by Justice S Ravindra Bhat)," the court said, adding that it will be heard on September 15.

The other plea has been filed by Vinita Singla, wife of a public servant and working with an IT company, who opposed the Lokpal provisions contending that they were violative of her Fundamental Rights.
The court was hearing a plea of Baswa Nand, who retired as a class II public servant after serving in the Department of Revenue of the Ministry of Finance. He also opposed the Lokpal provisions contending that it was violative of the Fundamental Rights.

The petition, filed through advocate Kaanan Kapoor and Bhushan Kapoor, had contended that the Lokpal and Lokayukta Act of 2013 is ultra vires the Constitution as well as contrary to the provisions of the RTI Act and Income Tax Act.

It had further said that online publication of the finances and other assets of spouse and children of public servants amounts to violation of right to privacy.
Easy access to such information would also pose a threat to the life and liberty of the public servants, posted or employed in areas with law and order problems, as well as their family, the counsel had added.
The PIL sought setting aside of various provisions of the Act and rules framed thereunder, saying they are ultra vires the Constitution and contrary to the Right to Information Act as well as the provisions of the Income Tax Act.

It further said that if the 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".
Under the 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.