'Publicity Oriented' : Supreme Court Snubs SCBA President's Letter Seeking Suo Motu Review Of Electoral Bonds Verdict

Awstika Das

18 March 2024 10:01 AM GMT

  • Publicity Oriented : Supreme Court Snubs SCBA Presidents Letter Seeking Suo Motu Review Of Electoral Bonds Verdict

    The Supreme Court on Monday (March 18) firmly dismissed a request made by Senior Advocate Dr Adish C Aggarwala, the president of the Supreme Court Bar Association (SCBA), seeking a suo motu review of the constitution bench's February 15 judgment on electoral bonds.During today's hearing, Chief Justice DY Chandrachud, expressed clear disapproval, labelling Aggarwala's letter...

    The Supreme Court on Monday (March 18) firmly dismissed a request made by Senior Advocate Dr Adish C Aggarwala, the president of the Supreme Court Bar Association (SCBA), seeking a suo motu review of the constitution bench's February 15 judgment on electoral bonds.

    During today's hearing, Chief Justice DY Chandrachud, expressed clear disapproval, labelling Aggarwala's letter as 'publicity-oriented' and categorically stating that the request would not be entertained.

    Dr Aggarwala today attempted to mention his letter urging a review of the verdict before the five-judge bench that had reconvened to examine whether the State Bank of India (SBI) had to disclose the unique alphanumeric number corresponding to each bond, in addition to the purchase and redemption details it has also furnished to the Election Commission of India (ECI).

    Snubbing Dr Aggarwala's attempt, Chief Justice Chandrachud pointedly said –

    “Dr Aggarwala, apart from being a senior advocate, you are the president of the Supreme Court Bar Association. You have written a letter to me asking me to invoke my suo motu jurisdiction. You have no locus. These are all publicity-oriented. We will not permit it. Please keep it at that, otherwise I will have to say something distasteful”

     Solicitor General Tushar Mehta, representing the union government, also distanced the government from Aggarwala's stance, calling it “completely unwarranted and ill-advised.” He made it clear on behalf of the central government that they did not associate with the mentioning.

    “It's very painful when people before this court start a media campaign and try to embarrass the judges,” the law officer added.

    The chief justice, appreciating the responsible stance taken by the solicitor general, acknowledged, “We must tell you that we respect this very responsible stance that the solicitor general has adopted. Thank you for saying that you do not associate with the mentioning.”

    Dr Aggarwala, in his letter to Chief Justice Chandrachud, had urged a re-evaluation of the verdict, expressing concerns about potential adverse impacts on corporate donors and foreign investment in India. He argued that disclosing the names of corporate donors and the amounts donated would render them vulnerable to victimisation.

    This development follows earlier controversies surrounding Dr Aggarwala's letters, including a previous letter penned to President Droupadi Murmu, urging a halt to the enforcement of the Supreme Court's recent verdict striking down the electoral bonds scheme as unconstitutional.

    The executive committee of the SCBA had strongly denounced the letter, distancing themselves from Aggarwala's views and terming it an attempt to overreach and undermine the authority of the Supreme Court.

    Previously, the SCBA president had written to the Chief Justice of India, seeking suo motu action against 'erring farmers' amidst the ongoing farmers' protest, terming their actions as 'politically motivated'. This prompted a majority of the members of the SCBA executive committee to issue a resolution clarifying that Aggarwala wrote the letter unilaterally without any consultation with the committee members. Nearly 150 Supreme Court lawyers also signed a resolution seeking the removal of President Aggarwala. Their resolution calls for a general body meeting of the SCBA to discuss the removal of the president for writing letters without authority and capacity on the letterhead of the Supreme Court Bar Association.

    Last, Senior Advocate Ranji Thomas decided to step down from the executive committee of the SCBA, saying that it was not functioning democratically. 

    From today's hearing :

    Supreme Court Directs SBI To Disclose All Electoral Bond Data Available With It Including Unique Alphanumeric Numbers

    Supreme Court Refuses To Direct Disclosure Of Information Of Electoral Bonds Sold Between March 1, 2018 & April 12, 2019

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