Judges going abroad must reveal source of funds: Supreme Court

NEW DELHI: Judges of the Supreme Court and high courts will now have to inform the government about their foreign visits, including the purpose, duration and source of funding.
The Supreme Court on Monday partially stayed a Delhi High Court order which had quashed three paragraphs of the Union government's 2010 circular mandating judges to undertake foreign visits only with the approval of the chief justice of the high court concerned or the Chief Justice of India and after submission of travel details to the government.
The HC had termed these conditions an affront to the independence of higher judiciary and quashed them on May 25. Though the HC also quashed Paragraph 10 -- which listed the travel details to be submitted -- it clarified that judges needed to give information about duration of the trip and city of intended stay to the chief justice of the HC concerned and the CJI as the case may be.
Arguing the government's challenge to the HC order, solicitor general R F Nariman said the circular was meant to provide security to judges when they were abroad. He said judges visited foreign countries on diplomatic passports issued by the Centre and gathering information about the visit was to enable the ministry concerned to help the judges in case of a need.
Though the SC stayed the HC order quashing Paragraph 10, a bench of Chief Justice Altamas Kabir and Justices S S Nijjar and J Chelameswar said they knew of many instances where judges went abroad on their personal passport and not on a diplomatic passport.
The CJI said, "Is it possible for persons to have diplomatic and private passport… I know of judges who travel every three months, but they do not hold a diplomatic passport."
Additional solicitor general Paras Kuhad, appearing with the SG, said, "The policy manual under the Passports Act entitles you to hold only one passport." Nariman added, "Visas are also given to judges on diplomatic passports."
Paragraph 10 of the circular said proposal of foreign visits must contain information relating to name, address and other details of the inviting organization, purpose of visit and duration, whether accompanied by spouse, other judges/officers, cost of visit including travel, DA and accommodation, source of funding, foreign tours undertaken in last three years, working days during the period of visit, whether official tour was clubbed with private visit and form of FCRA clearance.
However, the bench headed by the CJI was unrelenting on the other quashed paragraphs of the circular, which sought details of private visits by SC/HC judges at their own expense. "You normally go out with your medical insurance. Why should Paragraph 9E (relating to information on private visits) of the circular be allowed to stay," it asked.
Nariman said, "The idea is only to help. If the information is supplied to the chief justice, how can he help? The HC seems to have quashed the government order under a misconception that it relates to only private visits." The matter will come up for consideration after six weeks.
dhananjay.mahapatra@timesgroup.com