The Supreme Court on Thursday agreed to examine a plea for early hearing of a contempt application against the State Bank of India for its “defiance” of a constitution bench directive to reveal by March 6 the identities of all the buyers of electoral bonds.
The joint contempt application moved by two NGOs — the Association for Democratic Reforms and Common Cause — accuses the SBI of deliberately seeking a deadline extension to a date, June 30, by when the Lok Sabha elections would be over.
“The SBI has filed an application for (deadline) extension which is likely to be listed on Monday. Meanwhile, the Association for Democratic Reforms has filed a contempt petition. We are asking that our application be also listed along with that,” advocate Prashant Bhushan, appearing for the NGOs, told a bench headed by Chief Justice D.Y. Chandrachud.
The bench, which included Justice J.B. Pardiwala and Justice Manoj Misra, asked whether the court registry had numbered the NGOs’ application for listing. Bhushan said a diary numbe (tentative numbering) had been allotted.
Justice Chandrachud then told Bhushan: “Tell your junior to send us an email once it’s numbered. The moment the formalities are completed… I will pass orders on that email.”
Sources said the SBI’s application for deadline extension had been tentatively listed for Monday.
A five-judge constitution bench had on February 15 quashed the electoral bond scheme of 2018, which allowed anonymous donations to political parties, saying it was unconstitutional and facilitated quid pro quo with ruling parties.
It asked the SBI — issuer and redeemer of the bonds — to disclose to the Election Commission by March 6 the names of all the buyers of the bonds with the denominations and dates. The poll panel was to make the information public by March 13.
The BJP is said to have received the lion’s share of donations under the scheme.
In their contempt application, the NGOs have highlighted that the SBI’s plea was filed just two days before the expiry of the March 6 deadline. They have said the SBI’s act is “mala fide and demonstrates a wilful and deliberate disobedience and defiance” of the February 15 judgment.
“It is, further, a clear attempt to undermine the authority of this Hon’ble Court. State Bank of India has deliberately filed the said application... at the last moment in order to ensure that the details of donor and the amount of donations are not disclosed to the public before the upcoming Lok Sabha elections,” the contempt application says.
According to the NGOs, the SBI’s plea does not reveal the progress made so far or the steps taken to comply with the February 15 judgment, nor does it show even partial compliance with the judgment.