New Delhi: The Supreme Court Monday noted that its direction mentioned in the 15 February order on disclosure of all information related to electoral bonds included all “conceivable” details that are with the State Bank of India (SBI).
“There is no manner of doubt that the SBI is required to furnish all details available with it. This, we clarify, will include alphanumeric number and serial number, if any, of the bonds purchased,” a bench of five judges ordered, directing the bank to disclose these details corresponding to each bond.
The bench directed the SBI chairperson to file an affidavit, undertaking that the bank has disclosed all details in its custody and that no details have been withheld.
The order was issued after senior advocate Harish Salve, appearing for SBI, said the bank had no reservation in providing the details, as sought by the court.
Meanwhile, industry bodies FICCI and ASSOCHAM urged the court to defer its decision to direct the SBI to make the disclosure on bond number.
Senior advocate Mukil Rohatgi, appearing for them, argued against the disclosure, adding it cannot be done as the scheme guaranteed anonymity.
Since no formal application was present on behalf of the bodies, the bench declined to hear Rohatgi.
It told Rohatgi that his clients should have approached the court when the matter was being argued and added that an application after delivery of final judgement cannot be entertained .
“Mr Rohatgi there is only one answer. With effect that from 12 April, 2019, we directed the collection of details. Everyone was put on notice at the time. This is why we did not ask for the disclosure of the bonds sold prior to this interim order. This was a conscious choice by this constitution,” the bench said.
At the outset, the court sought an explanation from the SBI, which, it said, was expected to be candid and forthcoming. “In the judgement, we had asked the bank to disclose all details. That includes the bond numbers as well. The bank cannot be selective in disclosing all details. Do not wait for orders from this court.”
Salve defended the bank’s conduct, saying that information was given on the basis of SBI’s understanding of the court’s interim directive of April 2019. “If the numbers are to be given, we will give,” he told the court.
“The interim data had merged with our final judgement,” the court told Salve. “When we say all details, it includes all conceivable data.”
The bench, however, declined to accept NGO Citizens Rights Trust’s request to direct the SBI and the ECI to disclose the details, including alphanumeric number, of electoral bonds sold between 1 March 2018 and 11 April, 2019.
The court said it was a conscious decision that the cut-off date for declaring all information related to electoral bonds be 12 April, 2019.
“We took that date because it was our considered view that once the interim order was pronounced, everybody was put on notice. If we have to go back to an earlier date, it will become a substantive modification of the judgement and will require a review of this judgement. This cannot be done in a miscellaneous application,” the court said.
Solicitor General Tushar Mehta made submissions regarding the playing out of the judgement and criticised the “witch-hunting” that has begun following the information in bonds becoming public.
“A barrage of social media posts intended to cause embarrassment has started. Statistics can be twisted in any manner. Based on twisted statistics, all kinds of posts are made. Would your lordships consider issuing a direction,” he urged the bench.
To this, the top court said: “As an institution, our shoulders are broad enough to deal with social media commentary. Our intent was disclosure…we are governed by a rule of law.”
(Edited by Tony Rai)