Electoral bonds case: Supreme Court refuses to entertain submissions of ASSOCHAM, CII against disclosure of bond details

Not ordering disclosure of details of electoral bonds prior to April 12, 2019 was a "conscious choice" by the Constitution bench, the Supreme Court said on Monday while refusing to entertain the submissions of ASSOCHAM and CII against the disclosure of bond details on the ground of their plea not being listed.

A five-judge Constitution bench headed by Chief Justice D Y Chandrachud referred to the April 2019 interim order passed by the apex court in the case.

On April 12, 2019, the top court had issued an interim order directing that the information about the donations received and donations which will be received must be submitted by political parties to the EC in a sealed cover.

On Monday, the bench refused a hearing on unlisted pleas of industry bodies, Associated Chambers of Commerce & Industry of India (ASSOCHAM) and Confederation of Indian Industry (CII) against the disclosure of bond details.

When senior advocate Mukul Rohatgi, appearing for ASSOCHAM and CII, referred to the applications filed by the industry bodies, the CJI said, "We have no such application on board." Rohatgi said how the details can be asked to be divulged now when the electoral bonds scheme had introduced anonymous financial contributions to political parties.

"With effect from April 12, 2019, we had directed the collection of details. Everyone was put to notice at that time. 
This is why we did not ask for disclosure of bonds sold prior to the interim order. This was a conscious choice by the Constitution bench," Justice Chandrachud said.

The industry bodies were well aware of the ongoing proceedings in the electoral bonds case, the bench, also comprising justices Sanjiv Khanna, B R Gavai, J B Pardiwala and Manoj Misra, said and asked Rohatgi as to why they chose not to approach it earlier.

Justice Gavai said now such unlisted applications cannot be taken up for hearing.

Echoing his views, the CJI said if such an unlisted application is allowed to be taken up, then how can the bench deny same relief to other lawyers.

The apex court told the State Bank of India to make "complete disclosure" of all details related to the electoral bonds scheme by March 21.

It said the details to be disclosed include the unique bond numbers that would reveal the link between the buyers and the recipient political parties.

The bench said there is "no manner of doubt that the SBI is required to make complete disclosure of all the details" which are in its possession.

It said the Election Commission shall forthwith upload on its website the details received from the SBI.

The apex court also refused to entertain another application seeking disclosure of the details of electoral bonds sold from March 1, 2018, to April 11, 2019.

In a landmark verdict on February 15, a five-judge Constitution bench had done away with the scheme, calling it "unconstitutional", and ordered disclosure by the Election Commission of donors, the amount donated by them and the recipients by March 13.

Last Friday, the apex court had admonished SBI for furnishing incomplete information and issued a notice to the bank to explain the reasons for the non-disclosure of unique alphanumeric numbers.