The Supreme Court of India
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New Delhi: The Supreme Court on Monday declined to consider a plea by senior advocate and Supreme Court Bar Association (SCBA) president Adish Aggarwala to take up his letter to the Chief Justice of India D Y Chandrachud for a suo motu review of the judgment delivered by a five-judge Constitution bench in the Electoral Bonds case only on issue of disclosure of identity of donors and their contributions.
A five-judge Constitution bench led by Chief Justice of India D Y Chandrachud rejected the plea by Aggarwala, who appeared virtually before the court, to consider his petition for hearing.
"Apart from being a senior counsel, you are the president of SCBA. You know the procedure. You have no locus to mention it," the bench said. Aggarwala said that he agreed that the court's time should not be wasted.
“These are all publicity-related and we will not permit it. Please keep it at that, I may have something more to say, which perhaps will be little distasteful. Please close it,” the CJI told him.
Aggarwala wrote the letter, but not in his capacity as SCBA president.
In his letter, Aggarwala said, "Revealing the names of corporate donors and amount of donation would render the corporates vulnerable for victimisation. The possibility of them being singled out by those parties, that had received less or no contribution from them."
His letter also contended further harassment cannot be ruled out if the names of corporate donors and their quantum of donation to various parties are revealed.
"This will be reneging on the promise given to them while accepting their voluntary donation,” his letter stated.
He said, “at the time of donation, the corporate donor was fully aware that after donation, its identity, amount of donation and particulars of donee political party, will not be made public and will be kept confidential”.
Aggarwala said the provision of secrecy was made in the relevant scheme with a purpose that donors will not be subject to victimization by any other political party whom the donor has not donated under the scheme.
He claimed that the order of constitution bench dated February 15, 2024 directing abrupt disclosures of identity of corporate donors, the amount of donation and donee political party will have an adverse impact on the said corporate donor.
Earlier, Aggarwala asked President Droupadi Murmu to seek presidential reference of the apex court judgment in the Electoral Bonds scheme case and also not to give effect to it unless the top court reheard the matter.