Lokpal and Lokayukta Act 2013

New Delhi: The Delhi High Court on Tuesday stayed one of the sections of "The Lokpal and Lokayukta Act 2013", which compels spouse and /or children of the public servant  to declare  assets and liabilities, so that the information could be published on a public portal.

The Division Bench headed by Justices S Ravindra Bhat and Vipin Sanghi ruled that that information reagrding asset liability of spouses and/or dependent children will not be disclosed to the public by government departments. 

"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 court has issued notice to the Ministry of Personnel, Public Grievances and Pensions, Ministry of Communications and IT and Ministry of Law and Justice, asking to file their replies by November 24.

The Writ Petition  (Civil)No. 6010/2014 was filed by Vinita Singla, wife of a central government employee, through her Advocate Manish Jain, challenged the sections of "The Lokpal and Lokayukta Act 2013", wherein inter-alia, the spouse of the Public Servant is compelled to disclose his/her assets and liabilities , the information  then would be published on a public portal, has issued notice and granted interim stay, observing that prima facie such a compulsion on the spouse of the Public Servant is a violation of Article 21 of the Constitution and right to privacy.

Talking to Daily Bhaskar over phone, advocate Manish Jain said, “ the government rule that makes it mandatory for spouse/ or children of a public servant is a  violation of fundamental right of freedom and privacy of a citizen of the country, and breach of Article 14 and 21 of the Constitution of India.”

The petitioners argued in the court that information published on public portal can become damaging to the said spouse and/or children of the public servant.

"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.