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SC turns down industry pleas on electoral bonds

Apex court refused to entertain submissions of Assocham and CII against the disclosure of bond details on the ground of their plea not being listed

SC turns down industry pleas on electoral bonds
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India Inc’s prayer

  • CII, Assocham against disclosure of bond details
  • Electoral bonds scheme for anonymous contributions
  • SC asks industry bodies why not approached it earlier

New Delhi: Not ordering disclosure of details of electoral bonds prior to April 12, 2019, was a ‘conscious choice’ by the Constitution bench, the Supreme Court said on Monday, while refusing to entertain the submissions of Assocham and CII against the disclosure of bond details on the ground of their plea not being listed.

A five-judge Constitution bench headed by Chief Justice DY Chandrachud referred to the April 2019 interim order passed by the apex court in the case. On April 12, 2019, the top court had issued an interim order directing that the information about the donations received and donations which will be received must be submitted by political parties to the EC in a sealed cover.

On Monday, the bench refused a hearing on unlisted pleas of industry bodies, Associated Chambers of Commerce & Industry of India (Assocham) and Confederation of Indian Industry (CII) against the disclosure of bond details. When senior advocate Mukul Rohatgi, appearing for Assocham and CII, referred to the applications filed by the industry bodies, the CJI said, “we have no such application on board.” Rohatgi said how the details can be asked to be divulged now when the electoral bonds scheme had introduced anonymous financial contributions to political parties.

“With effect from April 12, 2019, we had directed the collection of details. Everyone was put to notice at that time. This is why we did not ask for disclosure of bonds sold prior to the interim order. This was a conscious choice by the Constitution bench,” Justice Chandrachud said.

The industry bodies were well aware of the ongoing proceedings in the electoral bonds case, the bench, also comprising justices Sanjiv Khanna, BR Gavai, JB Pardiwala and Manoj Misra, said and asked Rohatgi as to why they chose not to approach it earlier.

Justice Gavai said now such unlisted applications cannot be taken up for hearing. Echoing his views, the CJI said if such an unlisted application is allowed to be taken up, then how can the bench deny same relief to other lawyers.

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