Supreme Court Bar Association (SCBA) chief Adish C Aggarwala on Tuesday urged President Droupadi Murmu to seek a presidential reference for the electoral bonds scheme case verdict, emphasising the importance of withholding implementation until the top court has reheard the matter.
Aggarwala, a senior advocate leading both the All India Bar Association and Supreme Court Bar Association, expressed concerns that revealing the names of corporate contributors could expose them to victimisation.
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In his letter to the president, he wrote, “The possibility of them being singled out by those parties that had received less contribution from them, and harassed cannot be ruled out if the names of corporates and their quantum of contributions to various parties are revealed. This will be reneging on the promise given to them while accepting their voluntary contributions.”
Article 143 of the Constitution grants advisory jurisdiction to the Supreme Court, allowing the President of India to consult the top court on matters of public importance. Aggarwala urged President Murmu to seek advice from the Supreme Court in the electoral bonds case, wanting a fresh hearing to ensure fairness for the Parliament, political parties, companies, and the public.
On Monday, the Supreme Court ordered the State Bank of India (SBI) to reveal details about the electoral bonds used by political parties to the Election Commission by March 12. The court warned the bank of consequences if it didn’t comply.
The Chief Justice, leading a five-judge bench, rejected the bank’s request for an extension and ordered the EC to publish the information on its website by March 15. In a significant decision on February 15, the same bench declared the electoral bonds scheme “unconstitutional”, demanding disclosure of donors, amounts, and recipients.
The court also ordered the closure of the scheme and instructed the SBI, the authorised bank for the scheme, to provide details of electoral bonds purchased since April 12, 2019, to the Election Commission.