Electoral Bonds Case Hearing : Live Updates From Supreme Court [Day 3]

The AG takes the bench through his written submissions.

AG: I have my brief submissions. Like any reporting, the Bar and bench reported and said- the Attorney says citizens do not have a right to know (laughs). I don't know where I said it in the submissions.

AG: One right yields to the other right. The yielding will differ from the right in question. Do we have all the kind of empirical analysis under norms saying this is how we apply the norm?

AG: Balancing between two kinds of freedoms- one negative and one positive freedom- this kind of balancing comes in when we have very important social considerations.

AG: An empirical analysis has not been presented before the court. This kind of cost benefit analysis often comes in proportionality domain.

AG: The scheme treats all contributors equally. That value of contributors' confidentiality is important. And moving away from black money to a regulated scheme serves public interest.

AG continues his arguments.

AG: Let's assume that a 19(1)(a) right is available to all citizens and must be made available to all citizens- in order to participate in an informed way in a healthy democracy.

SG: I understand. But as I said, if I start discussing in public the purpose is lost.

CJI: There is a methodology of decoding...

SG: It is very complicated and detailed and it leaves several digital footprints.

CJI: We'll leave it at that as submissions

SG (appearing virtually): Senior officials of SBI are here at my request. If your lordships want to be assisted on camera. If your lordships do not wish, they can leave.

CJI: We will be averse to hearing them in camera because we don't put that to the other side.

The bench has reconvened.