New Delhi: The Supreme Court on Monday asked the State of Bank of India not to be "selective" while disclosing “all details” of the electoral bonds and directed the bank to submit all details to the Election Commission of India by Thursday, March 21.
The apex court asked the SBI chairman to file an affidavit by 5 pm on Thursday, stating it has not suppressed any details. The court directed the SBI to make complete disclosure of electoral bonds’ data including their unique hidden alphanumeric and serial numbers to the ECI for publication.
A five-judge bench led by Chief Justice of India D Y Chandrachud and comprising Justices Sanjiv Khanna, B R Gavai, J B Pardiwala, and Manoj Misra, said: “The SBI was expected to give every conceivable detail with it regarding the electoral bonds”.
The CJI told senior advocate Harish Salve, representing the SBI, that the court’s judgment makes it very clear that the bank has to share all details, which includes the bond numbers and SBI cannot be selective in disclosure of the details and every part of the information, regarding bonds, in its custody has to be disclosed.
“Do not wait for an order of the court...We bank on the fact that SBI will be candid and fair to the court”, said the CJI. Salve said the bank can disclose the bond numbers and there is no problem. “SBI's attitude seems to be 'you tell us to give particular details, then we will give'. That is not a fair process…when we say all details of the purchase then all conceivable details available with SBI,” CJI told Salve.
The bench said the judgement was clear that all details need to be disclosed, and the bank should not be selective. While Salve was making submissions, the CJI orally remarked, “Mr Salve, we take that you are not arguing the case for a political party, right?” Salve replied in negative and added that he is appearing for the SBI.
The bench stressed that SBI is duty bound to comply with the judgement of this court. Salve said if the numbers are to be given, the bank will provide it. The CJI queried in what format the SBI data regarding the bonds? Salve said in two silos.
“From your application it emerges there were three silos: one is the bond number, date of purchase, and the third is redemption”, said the CJI. Salve said the bond number is only on the bond, it cannot be read unless it is under a UV light, it was done for authentication, and it was entirely a security feature.
The CJI queried whether it was also for audit trail. Salve replied in negative and added that the audit trail is separate. “How does the redeeming branch match the electoral bond number to determine, it is not a forged bond…while redeeming it was alphanumeric to match”, queried the CJI. Salve said there is no matching.
