The Supreme Court on Monday asked the State of Bank of India (SBI) to be “candid and fair” and not selective while directing it to make a “complete disclosure” of electoral bonds’ data, including their unique hidden alphanumeric and serial numbers, to the Election Commission of India (ECI) for publication.
“The State of Bank of India was expected to give every conceivable detail with it regarding the electoral bonds. Your attitude seems to be ‘you tell us to give the details, then we will give’. SBI should not be selective. SBI has to be candid and fair to the court,” Chief Justice of India D.Y. Chandrachud, heading a five-judge Bench, addressed the SBI, represented by senior advocate Harish Salve.
The court said the information on electoral bonds forwarded to the ECI should contain “all details in terms of purchase and in terms of receipt of contributions” to political parties under the electoral bonds scheme.
The Bench directed SBI Chairman Dinesh Kumar Khara to submit an affidavit by 5 p.m. on Thursday in the apex court, stating that “SBI has disclosed all details of electoral bonds which were in its possession and custody and not withheld any information from disclosure”.
The ECI has to upload the information “forthwith” as soon as it is given by the bank.
The Bench clarified that its February 15, 2024 judgment striking down the electoral bonds scheme of anonymous political funding had specified the disclosure of data on poll bonds purchased and redeemed with effect from April 12, 2019 till the date of the verdict.
The court dismissed an application filed by an NGO, Citizens Rights Trust, represented by senior advocate Vijay Hansaria and advocate Sneha Kalita for similar disclosure on electoral bonds bought and encashed from March 1, 2018 to April 12, 2019. The NGO had claimed that 9,159 bonds worth ₹4,000 crore were purchased and received by political parties during this period.
The Bench clarified that its judgment had “specifically” directed submission of electoral bonds data from April 12, 2019 and any tinkering now would amount to “substantial modification” of the February 15 verdict.
The Bench said it had taken a conscious decision to keep the cut-off date as April 12, 2019 as that was the date on which the court, through an interim order, had put the stakeholders in the case on notice to provide information.
On March 15, the Supreme Court had issued notice to the SBI on why the latter had not shared the alphanumeric numbers of the electoral bonds with the ECI for publication.
On Monday, the court made it clear that the unique numbers had to be disclosed to give “logical and complete effect to the ruling” of February 15. The court said the list of details, including date of purchase of electoral bonds, the amount, names of purchasers, the political parties which redeemed the bonds, etc., were only illustrative in nature and not exhaustive.
The court had intended the bank to not keep any details back from the ECI.
During the hearing, Salve said the SBI had no compunction whatsoever to disclose every other detail on the poll bonds.
“We are a public institution. The impression created outside is that the SBI is playing ducks and drakes with the Supreme Court,” Salve submitted. Chief Justice Chandrachud questioned the SBI about the “purpose of the alphanumeric numbers”.
“What is the purpose of alphanumeric number? Is it only a security feature or is it to help create an audit trail?” the Chief Justice asked.
The court asked how the redeeming branch had used the alphanumerics on the bonds. “Did the bank use it to check if the bond was a forged one or not?” Chief Justice Chandrachud queried.
Salve said the number strip was checked under a ultraviolet light. Solicitor General Tushar Mehta, for the Centre, drew the court’s attention to the distortion of facts and numbers, and the “witch-hunting” which had followed the judgment and the publication of the electoral bonds’ data.
“A barrage of social media posts intended to cause embarrassment has started. Statistics are twisted in every manner possible…” Mehta said. Chief Justice Chandrachud said the court’s duty was over with the pronouncement of the judgment. “Our intent was disclosure. We are governed by the rule of law,” Chief Justice Chandrachud said.
2024 Lok Sabha polls: ECI orders large-scale transfer of bureaucrats
Seeking to ensure a level-playing field in the Lok Sabha elections, the Election Commission of India (ECI) on March 18 ordered the removal of Home Secretaries of Gujarat, Uttar Pradesh, Bihar, Jharkhand, Himachal Pradesh and Uttarakhand, sources said.
It also ordered the removal of the West Bengal director general of police, they added. Also, the secretary of the general administrative departments of Mizoram and Himachal Pradesh have been removed.
Days after announcing the schedule for the Lok Sabha elections, the poll panel under CEC Rajiv Kumar also ordered removal of Brihanmumbai Municipal Commissioner Iqbal Singh Chahal, additional commissioners and deputy commissioners.
The commission had directed all the State governments to transfer officers connected with election-related work, who have completed three years or are in their home districts. Maharashtra had not complied with the directions in respect of few municipal commissioners and some additional and deputy municipal commissioners.
While conveying displeasure to the State Chief Secretary, the commission directed transfer of BMC and the additional and deputy commissioners with the direction to report by 6 pm on March 18.
The Chief Secretary was also directed to transfer all the similarly placed municipal commissioners and additional or deputy municipal commissioners of other corporations in Maharashtra.
The step is a part of the commission’s efforts to maintain a level-playing field and ensure the integrity of the electoral process, which has been emphasised by Chief Election Commissioner Rajiv Kumar on several occasions.
The move comes after the poll panel comprising the CEC Kumar and fellow Election Commissioners Gyanesh Kumar and Sukhbir Singh Sandhu met in New Delhi on March 18.
Delhi excise policy scam | More high-profile persons can be arrested, CBI submits in court
The Central Bureau of Investigation (CBI) on Monday opposed the bail of Aam Aadmi Party (AAP) leader Manish Sisodia. The agency further submitted in court that more “high-profile persons” could be arrested in connection with the Delhi excise policy case.
After being denied bail on multiple occasions by the trial court, the Delhi High Court and even the Supreme Court, Sisodia applied for a regular bail in the Rouse Avenue Court for the second time, earlier this month.
The Supreme Court, while denying him bail last year, had granted him liberty to move for bail within three months if the trial was delayed. The apex court, in its order, also noted that there was tentative establishment of a money trail of around ₹338 crore in the case.
His counsel alleged that the Central agency was delaying the trial as the arguments on the chargesheet were not yet complete.
The CBI argued that the investigation in the case was ongoing and if given bail, Sisodia — one of the main accused and alleged kingpin of the conspiracy — could tamper with the evidences. “Our investigation is ongoing. Some high-profile person or anyone else may be arrested,” the CBI’s counsel said.
The CBI arrested the former Deputy Chief Minister of Delhi in February 2023, over allegations of irregularities in the formulation and implementation of the now-scrapped 2021-22 excise policy. The agency alleged that the policy was modified to extend undue favours to licence holders. It further alleged that the licence fee was waived or reduced and L-1 (wholesaler) licence was extended without the competent authority’s approval to give favours to particular sellers.
After the CBI case, the ED filed a case under the Prevention of Money Laundering Act (PMLA). The agency alleged that the money earned through the excise policy was diverted through “hawala” channels and spent on the AAP’s campaign in Goa ahead of the State Assembly elections there in 2022.
Last week, the ED arrested Bharat Rashtra Samithi (BRS) legislator K. Kavitha in the same case under allegations that she played a key role in lobbying for a “south group” of liquor manufacturers to get licence in Delhi. AAP’s senior leaders like Sanjay Singh and Satyendar Kumar Jain are also in jail in the same case.
NCP’s largest single-day encashment of electoral bonds came while in power
On Sunday, new documents revealing the names of companies and individuals that made contributions to the Nationalist Congress Party till May 9, 2019, through the electoral bonds route were made public by the Election Commission of India. The Nationalist Congress Party (NCP) encashed Rs 37.75 crore, between January 18, 2019 and May 9, 2019.
Originally, this information was provided to the Supreme Court in sealed envelopes. The Supreme Court directed the commission to release these details to the public. Details of electoral bonds encashed by the NCP beyond May 9, 2019 were disclosed by the election authority last week. The party had encashed ₹27.5 crore, after May 9, 2019, for which the donor information is still not available.
Compiling the donations encashed by the NCP via the electoral bond route, from its initial receipt on January 18, 2019, to the most recent one on April 13, 2023, reveals that its largest single-day encashment of ₹10 crore was recorded on January 11, 2022. This significant donation was made between November 28, 2019 and June 29, 2022, a time when the NCP returned to power in the state as a member of the Maha Vikas Aghadi coalition. Parties are required to encash electoral bonds within 15 days of their issuance.
The NCP is among the few parties that had disclosed the identities of contributors who donated via the electoral bond route. In the period, for which donor information was available, the party had secured ₹7.5 crore through the Electoral bond route from Bajaj Finserv and ₹5 crore from Infina infrastructure. It had also received ₹5 crore from Atul Chordia and ₹4.5 crore from Avinash Bhosle in the period. Their addresses were not included in the details.
Cyrus Poonawalla, the founder of Serum Institute of India, had donated ₹3.75 crore to the party in this period. Bharti Airtel Limited also donated ₹2 crore. The rest were from other firms and individuals.
After a split in the party in 2023, the Election Commission awarded the party’s original name and symbol to a faction led by Ajit Pawar. The group that remained with party chief Sharad Pawar was given the name NCP (Sharadchandra Pawar).
In Brief
Lok Sabha polls 2024 | NDA finalises seat-sharing agreement in Bihar
NDA’s seat-sharing agreement in Bihar was announced on March 18 at the BJP’s national headquarters in New Delhi, with the BJP set to fight 17 seats, one more than its biggest ally in the State, the Janata Dal (U) at 16 seats, alongside Lok Janshakti Party (Ram Vilas) led by Chirag Paswan to fight on five seats, Hindustani Awam Morcha (HAM) and Rashtriya Lok Morcha (RLM) at one seat each. Bihar has 40 Lok Sabha seats, and the all seats have been accounted for in the announcement, made by BJP national general secretary Vinod Tawde who was flanked by deputy Chief Minister of Bihar Samrat Choudhary, JD(U) general secretary Sanjay Jha, Delhi chief of the LJP Raju Tiwari and HAM leader Rajneesh Kumar.
Tamilisai Soundararajan, Telangana Governor and Puducherry Lt. Governor, resigns to contest Lok Sabha polls
Telangana Governor Dr. Tamilisai Soundararajan has tendered her resignation and sent the letter to President Droupadi Murmu on March 18. Sources said that she is likely to contest Lok Sabha polls either from Tamil Nadu or Puducherry. A press communique from Raj Bhavan said: “The Hon’ble Governor of Telangana and Lieutenant Governor of Puducherry Dr. Smt.Tamilisai Soundararajan has tendered her resignation with immediate effect. The resignation has been submitted to the Hon’ble President of India.”
Complaint against PM Modi for violating MCC by using IAF helicopter in election rally
Trinamool Congress MP Saket Gokhale on March 18 filed a complaint against Prime Minister Narendra Modi with the Election Commission of India for violating the Model Code of Conduct for using an Indian Air Force helicopter to attend an election rally in AC 96-Chilakaluripet in Palnadu, Andhra Pradesh, on March 17. The rules prohibit the use of state machinery for campaigning. Indira Gandhi was disqualified in 1975 specifically for this reason. If BJP paid for renting the IAF chopper, then EC should let us all know along with the grounds for why an IAF chopper was essential, Gokhale said.
Evening Wrap will return tomorrow.
