Electoral Bonds: These Are All Publicity-Related, Will Not Permit It, CJI to SCBA President

The Supreme Court Bar Association (SCBA) last week condemned a letter written by its president, Adish C Aggarwala, urging President Droupadi Murmu to seek presidential reference of the apex court judgment in the electoral bonds scheme case. The organisation distanced itself from Aggarwala’s letter, saying the entire seven-page letter appears to have been written by Aggarwala in his capacity, writes Sumit Saxena.

New Delhi:The Supreme Court on Monday refused to entertain submissions by senior advocate and Supreme Court Bar Association (SCBA) president Adish Aggarwala regarding his letter to the Chief Justice of India DY Chandrachud requesting a suo motu review of the judgment delivered by a five-judge constitution bench in the electoral bonds case only regarding issue of disclosure of identity of donors and their contributions. Aggarwala had written to the CJI in his capacity as the chairman of the All India Bar Association (AIBA) chairman.

Aggarwala, who appeared virtually before the court, urged the five-judge bench led by CJI to consider his letter regarding the electoral bonds matter. The CJI told him "Apart from being a senior counsel, you are the president of SCBA. You know the procedure. You have no locus to mention it….”. Aggarwala said he agrees that the court's time should not be wasted. “These are all publicity-related and we will not permit it”, said the CJI. Aggarwala said whatever the lordships feel better. “Mr Aggarwala, keep it at that, I may have something more to say, which perhaps will be little distasteful. Please close it”, said the CJI.

Aggarwala, in the letter, said: “Revealing the names of corporate donors and amount of donation would render the corporates vulnerable for victimization. The possibility of them being singled out by those parties, that had received less or no contribution from them”.

“And further harassment, cannot be ruled out if the names of corporate donors and their quantum of donation to various parties are revealed. This will be reneging on the promise given to them while accepting their voluntary donation”, added the letter.

He said, “at the time of donation, the corporate donor was fully aware that after donation, its identity, amount of donation and particulars of donee political party, will not be made public and will be kept confidential”.

“This provision of secrecy was made in the relevant Scheme with a purpose that donors will not be subject to victimization by any other political party whom the donor has not donated under the Scheme”, added the letter.

He stressed that the order of constitution bench dated February 15, 2024 directing abrupt disclosures of identity of corporate donors, the amount of donation and donee political party will have an adverse impact on the said corporate donor.

Last week, the executive committee of the Supreme Court Bar Association (SCBA) had condemned a letter written by its president, Adish C Aggarwala, urging President Droupadi Murmu to seek presidential reference of the apex court judgment in the electoral bonds scheme case and also not to give effect to it unless the top court has reheard the matter.

Last week, Aggarwala, in his letter to the president, said, revealing the names of corporates that had contributed to different political parties would render the corporates vulnerable for victimisation. The SCBA, distancing itself from Aggarwala’s letter, said the entire seven-page letter, having been printed on the letterhead of the All India Bar Association, appears to have been written by Adish C. Aggarwala in his capacity as the chairman of the All India Bar Association.

“However, it is noticed that below his signature on said letter he has inter alia mentioned his designation as President of the Supreme Court Bar Association”, said a resolution issued by SCBA’s executive committee.

The SCBA’s executive committee said it has become expedient for it to make it abundantly clear that the members of the committee have neither authorised the president to write any such letter nor do they subscribe to his views as expressed therein. “The Executive Committee of the Supreme Court Bar Association further views this act as well as the contents therein as an attempt to overreach and undermine the authority of the Supreme Court of India and unequivocally condemn the same”, said the SCBA’s resolution.

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