The CJI, presiding over the five-judge bench handling the electoral bonds case, remarked today that the letter appeared to have been composed for publicity purposes and also cautioned Aggarwala about his position as the president of the SCBA.
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NEW DELHI: The Chief Justice of India (CJI), DY Chandrachud, expressed strong disapproval towards the President of the Supreme Court Bar Association (SCBA), Senior Advocate Adish Aggarwala, concerning his request for a suo motu review of the Electoral Bonds judgment. This rebuke took place Today, amidst the proceedings of a five-judge bench that was deliberating on the case related to electoral bonds.
The CJI critiqued Aggarwala’s approach, suggesting that the letter penned by him seeking the suo motu review appeared to be motivated by a desire for publicity rather than judicial concerns. Justice Chandrachud underscored Aggarwala’s significant role as the president of the SCBA, hinting that his actions should reflect the gravitas and responsibility of his position.
The Chief Justice sternly advised,
“Apart from being a senior counsel, you are president of SCBA. You have written a letter asking me to invoke my suo motu powers. These are all publicity related, we will not get into this. Do not make me say anything more. Mr Aggarwala, please keep it at that. Otherwise, I may have to say something more which may be a little distasteful.”
This episode unfolded in the context of the Supreme Court’s ongoing assessment of electoral bonds, particularly focusing on directives for the State Bank of India (SBI) to unveil details concerning these bonds, including their numbers. The bench in charge of this hearing comprises CJI Chandrachud along with Justices Sanjiv Khanna, BR Gavai, JB Pardiwala, and Manoj Misra.
The controversy traces back to a pivotal decision made by the Supreme Court on February 15, wherein the Electoral Bonds Scheme was unanimously nullified. The court further mandated the SBI to disclose the particulars of political entities that had benefitted from electoral bonds since April 12, 2019, to the Election Commission of India (ECI).
The situation escalated when, on March 12, Aggarwala approached the President of India with a letter asserting that the Supreme Court’s verdict on the matter was flawed. He suggested that the President halt the judgment and request a presidential reference under Article 143 of the Constitution concerning the case. This action led the executive committee (EC) of the SCBA to publicly distance itself from Aggarwala’s stance.
In a subsequent move on March 14, Aggarwala, now acting in a personal capacity, addressed another letter directly to the CJI, reiterating his plea for a suo motu review of the Electoral Bonds judgment, which prompted the CJI’s notable reprimand during the court proceedings.
In his plea, Aggarwala expressed his endorsement of the Supreme Court’s decision, appreciating the nullification of the electoral bonds scheme, highlighting it as a necessary measure given the reasons outlined in the judgment. However, he expressed reservations regarding one specific instruction. He stated,
“I totally welcome the decision passed by the five-judges bench of Supreme Court, as invalidating the said scheme was much required, due to the reasons as have been enumerated in the judgment, except the direction that the ECI shall publish the information shared by the SBI on its official website within one week of the receipt of the information, that is, by 13 March, 2024 passed in the judgment.”
He further elaborated on the potential negative repercussions of such transparency, noting,
“the apex court verdict 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'”.
This reflection underscores the complexities involved in the disclosure of political donations, hinting at the potential deterrent effect on corporate contributors due to the sudden exposure of their political affiliations and contributions.
Aggarwala said revealing the names of corporate donors and amount of donation would render the corporates vulnerable for victimisation.
“I, therefore humbly request your lordship to subject the February 15, 2024 verdict… to suo motu review of its direction: …The ECI shall publish the information shared by the SBI on its official website within one week of the receipt of the information, that is, by 13 March, 2024 made in the judgment,”
-he said in his March 14 letter.
“I further humbly clarify that I am making this prayer for suo motu review of judgment dated February 15, 2024 is not on behalf of Supreme Court Bar Association but it is in my individual capacity being the Chairman of All India Bar Association, President of Supreme Court Bar Association and former Vice-Chairman of Bar Council of India,”
-he said.
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