Association of Democratic Reforms & Anr. v. Union of India & Ors.
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 221 1 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.
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
1 2024 SCC OnLine SC 150
1318 [2024] 3 S.C.R.
Digital Supreme Court Reports
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 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.
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.
Association of Democratic Reforms & Anr. v. Union of India & Ors.
12. The Election Commission of India shall upload the details forthwith
on receipt of the communication by SBI.