SC refuses to hear industry bodies' plea against revealing poll bond numbers

SC refuses to hear plea by CII, FICCI and ASSOCHAM in electoral bonds case

The Supreme Court on March 18 refused to hear pleas by the top industry bodies to defer the release of electoral bond numbers, which would help to link the donors to political parties.

The refusal came even as the court in a separate order asked the chairman and managing director of State Bank of India to file an affidavit by March 21 saying the state-owner lender has disclosed all the details regarding the electoral bonds, which includes the alpha numeric codes assigned to each bond.

"You have come here after the judgment is delivered, we can't hear you right now. There is no application on record and we cannot make an exception for you. The whole world knew when the case was being heard," Chief Justice of India DY Chandrachud said.

The Federation of Indian Chambers of Commerce and Industry (FICCI), the Associated Chambers of Commerce and Industry of India (ASSOCHAM) and the Confederation of Indian Industries (CII) had wanted the release of alpha numeric electoral bond numbers deferred.

The industry bodies couldn’t be given precedence over others applicant and their applications were not listed for hearing, the court said.

Senior advocate Mukul Rohatgi, who mentioned the plea for an urgent hearing, said it would be no point if the applications were not be heard on the same day and requested a brief hearing but the court refused.

A five-judge bench led by the CJI asked the SBI to submit all the details and an affidavit that the information has been provided by March 21.

The SBI, the only bank allowed to issue the now scrapped electoral bonds, has been asked to reveal details, including the alpha numeric bond number from April 2019 Febraury 15, when the court junked the election funding scheme.

The Election Commission of India (ECI) has been directed to upload the details.

"There is no manner of doubt that the SBI is required to furnish all details available with it. This, we clarify, will include the alphanumeric number and serial number, if any, of the bonds purchased,” the CJI said.

To avoid a controversy, the bank’s chairperson should file an affidavit by 5 pm on March 21 that all details in its custody had been discloaed and no details withheld, he added.

“Let SBI not be selective in disclosure, do not wait for orders, we believe that SBI will be candid and fair to the court,” the CJI said

The bond play 

The Supreme Court on February 15 struck down electoral bonds as unconstitutional, saying the non-disclosure of information regarding the funding of political parties violated citizens’ right to information.

The court directed SBI to furnish all the date related to electoral bonds.

On March 4, SBI moved an application seeking an extension till June 30 to disclose the details. The court dismissed the plea and directing the bank to share all the details with EC by March 12. The EC was asked to publish the details by March 15, which it did a day earlier than the deadline.

On March 17, EC released more information regarding electoral bonds, including the amount redeemed by each political party. The data was published after the apex court ordered that all the details, submitted in a sealed cover, be given back to the EC. The poll panel had handed over the information to the court in November.