ASSOCIATION OF DEMOCRATIC REFORMS & ANR. versus UNION OF INDIA & ORS.

Miscellaneous Application Diary No 12580 of 2024

p. 1317

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

p. 1317

In sub-paragraphs “b” and “c” of paragraph 221 of the judgment of this Court dated 15 February 2024, the direction to the State Bank of India are to submit details of the (i) Electoral Bonds purchased; and (ii) Political Parties which have received contributions through Electoral Bonds.

p. 1317

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.

p. 1317

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.

p. 1317

The Miscellaneous Application is, therefore, not maintainable and is accordingly dismissed. Miscellaneous Application No 596 of 2024

p. 1317

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.

pp. 1317–1318

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.

p. 1318

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 sub-paragraphs “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.

p. 1318

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.

p. 1318

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.

p. 1318

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.

p. 1318

The Election Commission of India shall upload the details forthwith on receipt of the communication by SBI. Headnotes prepared by:  Result of the case: Mukund P Unny, Hony. Associate Editor Miscellaneous Applications (Verified by: Liz Mathew, Sr. Adv.) disposed of

p. 1319