CJI pulls up bar chief for ‘publicity-oriented’ letter

The court, on February 15 struck down the Centre’s 2018 EB scheme of political funding, declaring it to be “unconstitutional”

The Supreme Court on Monday pulled up senior advocate and bar association chief Adish C Aggarwala for seeking a review of the top court’s electoral bonds verdict, with Chief Justice of India (CJI) DY Chandrachud calling his letter “publicity-oriented”.

Please leave it at that or we will have to say something which might be distasteful, Chief Justice of India DY Chandrachud said to Adish C Aggarwala (PTI)

Last week, Aggarwala wrote to CJI in his personal capacity, seeking a review of the SC’s order directing the poll panel to post the electoral bond information provided by the State Bank of India on its official website.

“Apart from being a senior counsel, you are also the president of the Supreme Court Bar Association. You have written to me and released the letter. This is all publicity-oriented and we will not permit it. Please leave it at that or we will have to say something which might be distasteful,” CJI said to Aggarwala. Solicitor General Tushar Mehta distanced himself and the Centre from the letter.

“We disassociate ourselves from this letter. This is not the manner in which we have understood the judgment,” Mehta added.

On March 12, Aggarwala first wrote to President Droupadi Murmu urging her to seek presidential reference of the apex court judgement in the electoral bonds scheme case.

In a resolution, the Supreme Court Bar Association (SCBA) earlier distanced itself from Aggarwala’s letter, saying that the members of the panel neither authorised the SCBA president to write it nor do they endorse the views expressed in the communication.

Two days later, he wrote to CJI seeking suo motu review of the electoral bonds judgment. Aggarwala, in his letter, said that the apex court verdict 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”. He added that revealing the names of corporate donors and amount of donation would render the corporates vulnerable for victimisation.

The court, on February 15 struck down the Centre’s 2018 EB scheme of political funding, declaring it to be “unconstitutional” because it completely anonymised contributions made to parties, and added that restricting black money or illegal election financing -- some of the articulated objectives of the scheme -- did not justify violating voters’ right to information in a disproportionate manner. It had ordered full disclosure of EBs purchased and those redeemed by political parties.