Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 251

SUPREME COURT OF INDIA
DHANANJAYA Y. CHANDRACHUD, CJI., SANJIV KHANNA, B.R. GAVAI, J.B. PARDIWALA, MANOJ MISRA, JJ.
Association of Democratic Reforms and Another – Appellants
Versus
Union of India and Others – Respondents
Miscellaneous Application No 596 of 2024 In Miscellaneous Application Diary No 11805 of 2024 In Miscellaneous Application No 486 of 2024 In Writ Petition (Civil) No 880 of 2017
Decided on : 18-03-2024

Advocates:
Advocate Appeared:
For the Appellant : Mr. Kapil Sibal, Sr. Adv., Mr. Varun thakur, Adv., Mr. Varinder Kumar Sharma, AOR, Mr. Vijay Hansaria, Sr. Adv., Ms Sneha Kalita, AOR, Ms. Kavya Jhawar, Adv., Ms. Nandini Rai, Adv., Ms. Doly Deka, Adv., Jessy Kurian, Adv., Mr. K.S. Bhati, Adv., Mr. Pawan Shree Agarwal, Adv.
For the Respondent: Mr. Harish Salve, Sr. Adv, Mr. Sanjay Kapur, AOR, Ms. Divya Singh Pundir, Adv., Ms. Mahima Kapur, Adv., Ms. Mansi Kapur, Adv., Mrs. Shubhra Kapur, Adv., Mr. Devesh Dubey, Adv., Mr. Surya Prakash, Adv., Mr. Arjun Bhatia, Adv., Ms. Isha Virmani, Adv., Mr. Tushar Mehta, SG, Mr. Kanu Agarwal, Adv., Mr. Rajat Nair, Adv.
Mr. Raman Yadav, Adv., Mr. Shyam Gopal, Adv., Mr. Raj Bahadur Yadav, Adv., Mr. Prashant Bhushan, AOR, Ms. Neha Rathi, Adv., Ms. Kajal Giri, Adv., Mr. Pranav Sachdeva, Adv., Ms. Shivani Kapoor, Adv., Mr. Kamal Kishore, Adv.,

The main legal point established in the judgment is the requirement for complete disclosure of details related to Electoral Bonds purchased and contributions received by political parties under the Electoral Bond Scheme, emphasizing the need for transparency and accountability.

Headnote:
Disclosure - Electoral Bond Scheme - The court directed the State Bank of India to submit details of Electoral Bonds purchased and political parties which have received contributions through Electoral Bonds, since the interim order dated 12 April 2019. The court emphasized the need for complete disclosure and required the SBI to file an affidavit confirming the disclosure of all details.
Fact of the Case:

The court directed the State Bank of India to disclose details of Electoral Bonds purchased and contributions received by political parties under the Electoral Bond Scheme, since the interim order dated 12 April 2019. The court emphasized the need for complete disclosure and required the SBI to file an affidavit confirming the disclosure of all details.
Finding of the Court:

The court found that the SBI was required to make a complete disclosure of all details in its possession, including the alphanumeric number and serial number of the Electoral Bonds purchased and redeemed. The court directed the Chairman and the Managing Director of SBI to file an affidavit confirming the disclosure of all details.
Issues: The issues revolved around the disclosure of information on contributions received by political parties under the Electoral Bond Scheme and the requirement for complete disclosure by the State Bank of India.
Ratio Decidendi: The court emphasized the need for complete disclosure of details related to Electoral Bonds purchased and contributions received by political parties under the Electoral Bond Scheme, since the interim order dated 12 April 2019. The court required the SBI to file an affidavit confirming the disclosure of all details.
Final Decision: The Miscellaneous Application for pre-dating the point of disclosure was dismissed as it would amount to a substantive modification of the judgment. The court directed the Chairman and the Managing Director of SBI to file an affidavit confirming the disclosure of all details, and the Election Commission of India to upload the details on receipt of the communication by SBI.

ORDER :

Miscellaneous Application Diary No 12580 of 2024

1. On being mentioned, the Miscellaneous Application is taken on Board.

2. In sub-paragraphs “b” and “c” of paragraph 221¹[2024 SCC OnLine SC 150] of the judgment of this Court dated 15 February 2024, the direction to the State Bank of India are to submit details of the

(ii) Political Parties which have received contributions through Electoral Bonds.

3. This information has to be submitted since the date of the interim order dated 12 April 2019. In other words, all details which have been directed to be furnished in the operative directions of this Court are to be submitted with effect from 12 April 2019.

4. The relief which has been sought in the Miscellaneous Application for pre-dating the point of disclosure would amount to a substantive modification of the judgment. Hence, it cannot be dealt with in a Miscellaneous Application.

5. The Miscellaneous Application is, therefore, not maintainable and is accordingly dismissed.

Miscellaneous Application No 596 of 2024

6. By the judgment of this Court dated 15 February 2024, this Court directed “the disclosure of information on contributions received by political parties under the Electoral Bond Scheme to give logical and complete effect” to the ruling.

7. Thereafter, in paragraph 221, this Court issued operative directions. These directions in sub-paragraph “b” and “c” are in two parts. Sub paragraph “b” requires SBI to submit details of the Electoral Bonds purchased since the interim order dated 12 April 2019 “till date to the ECI”. Such details, the Court has indicated, “shall include the date of purchase of each Electoral Bond, the name of the purchaser of the bond and the denomination of the Electoral Bonds purchased”. Under the second part of the operative directions in sub-paragraph “c”, SBI was required to submit “the details of political parties which have received contributions through the Electoral Bonds” since the interim order dated 12 April 2019 till date to ECI. SBI was required to disclose details of each Electoral Bond encashed by political parties inclusive of the date of encashment and the denomination of the Electoral Bond.

8. A plain reading of paragraph 221 of the order dated 15 February 2024 indicates that SBI was required to submit all details, both in terms of the purchase and in terms of the receipt of contributions. The expression “include” in both subparagraphs “b” and “c” demonstrate that the inclusive part is illustrative and not exhaustive of the nature of the disclosure which is to be made by SBI.

9. In other words, SBI is required to make a complete disclosure of all details in its possession. This will also comprehend the alphanumeric number and serial number of the Electoral Bonds which were purchased and redeemed.

10. Mr Harish N Salve, senior counsel appearing on behalf of the SBI, states that there is no reservation on the part of the SBI in disclosing all details which are in its possession and custody.

11. In order to fully effectuate the judgment and to obviate any controversy in the future, we direct that the Chairman and the Managing Director of SBI shall file an affidavit on or before 5.00 pm on 21 March 2024 indicating that SBI has disclosed all details of the Electoral Bonds which are in its possession and custody and that no details have been withheld from disclosure in terms of the directions contained in paragraph 221 of the judgment dated 15 February 2024.

12. The Election Commission of India shall upload the details forthwith on receipt of the communication by SBI.

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