No electoral bond details to be hidden from public: SC directs SBI
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The Supreme Court has directed the State Bank of India to reveal all details pertaining to the electoral bonds, including the alphanumeric numbers corresponding to each bond.
According to a report published in Live Law, a bench comprising Chief Justice DY Chandrachud and Justices Sanjiv Khanna, BR Gavai, JB Pardiwala, and Manoj Misra, directed the SBI to disclose all details of the electoral bonds.
The bench also ordered the SBI chairman to file an affidavit by 5 pm on Thursday, stating that no details have been suppressed. Additionally, it instructed the Election Commission to upload the details provided by the SBI.
The electoral bonds scheme, which came under scrutiny, was declared unconstitutional by a constitutional bench led by Chief Justice Chandrachud on February 15. This ruling highlighted the contravention of the right to information under Article 19(1)(a) of the Constitution, citing concerns over anonymous electoral bonds.
The State Bank of India, the designated issuing bank of electoral bonds, was directed by the constitution bench to discontinue the issuance of these bonds with immediate effect. Furthermore, the bank was instructed to furnish details of all electoral bond purchases made since the court's interim order on April 12, 2019, to the Election Commission of India.
However, the court's directives faced challenges when the State Bank of India sought an extension of time, prompting various parties, including the Association for Democratic Reforms (ADR), Common Cause, and the Communist Party of India (Marxist), to file contempt petitions against the bank for its non-disclosure of vital details.
The recent ruling has now escalated the disclosure process, requiring the SBI to divulge not only the date of purchase/redemption, name of purchaser/recipient, and denomination but also the alphanumeric numbers corresponding to each electoral bond. Chief Justice Chandrachud emphasized that the term "all details" encompasses comprehensive data, leaving no room for selective disclosure.
The court's decision also addressed an application filed by the Citizens Rights Trust, seeking disclosure of electoral bond details sold between March 1, 2018, and April 11, 2019. While acknowledging the importance of transparency, the court maintained the cut-off date for disclosure as the date of its interim order, April 12, 2019, to ensure consistency and adherence to the judicial process.
Senior Advocate Harish Salve, representing the State Bank of India, acknowledged the court's directive and pledged compliance. However, the courtroom exchange witnessed attempts by some parties, including FICCI and ASSOCHAM, to defer the disclosure of bond numbers, citing concerns over anonymity and confidentiality. Nevertheless, Chief Justice Chandrachud reiterated the court's stance, emphasizing the paramount importance of transparency in electoral funding.
In response to challenges posed by social media commentary on the court's judgment, Solicitor General Tushar Mehta highlighted the potential for misinformation and urged the court to consider issuing directions to address the issue. However, Chief Justice Chandrachud reassured that the court was equipped to handle such challenges, asserting the institution's commitment to the rule of law and transparency.