The Central Information Commission has asked Union Home Ministry and Department of Justice to release the complaints and actions and file noting regarding the complaints received against former Chief Justice KG Balakrishnan and his relatives on illegal wealth amassment. In a recent Order, Information Commissioner Sridhar Acharyulu said that Home Ministry had to furnish the details by February 28 and Department of Justice has to provide these by January 31.
Noted RTI activist Subhash Agrawal was for the past five years pursuing this matter and all the Government departments were rejecting his petition, citing the matter was related to the communications of a person who was Chief Justice of India. Agarwal’s contention was all the complaints and communications between various Government departments started only after Balakrishnan left the office and hence can’t too the protections provided to judiciary’s communications with Government.
The complaints against former Chief Justice and family members for misusing the position were filed by noted lawyer Prashant Bhushan seeking probe into alleged disproportionate asset amassed by the former CJI. The Supreme Court had sought details from various departments on this case. After Bhushan’s case, several RTIs were filed by many persons to know the details and file noting on these communications, but the Government departments refused to entertain them claiming these were privileged communications.
At one point, Department of Justice said that as Balakrishnan became head of National Human Rights Commission, all the files regarding him were sent to Home Ministry. Balakrishnan retired from Chief Justice post on May 2010 and Supreme Court ton May 2012 asked the Government to take final decision on the complaints filed by Prashant Bhushan’s -led NGO, Committee on Judicial Accountability and Reforms (CJAR). The main demand in the complaint was for Presidential Reference against Balakrishnan for initiating probes.