Supreme Court cracks the whip again: SBI is duty-bound to give bond numbers

The Bench, comprising Chief Justice of India D Y Chandrachud, Justices Sanjiv Khanna, B R Gavai, J B Pardiwala and Manoj Misra, was hearing an ECI application seeking return of the bond data deposited with the Supreme Court Registry following two interim orders of the court dated April 12, 2019 and November 2, 2023.

The ECI said it had not retained a copy of the data and would upload it on its website once the court returned what had been deposited with its Registry.

While considering the ECI plea, CJI Chandrachud noted that the SBI had not furnished the bond numbers to the ECI though the court had directed that all details be given.

“In our judgement, we had directed disclosure specifically of all details of the bond including the purchaser, the amount and the date of purchase. They have not disclosed the bond number… That has to be disclosed by the State Bank of India. Because if you see our judgement, all details have to be furnished by the State Bank of India,” the CJI said, referring to the February 15 ruling that struck down the electoral bonds scheme as unconstitutional. He sought to know if someone was appearing on behalf of the SBI.

Advocate Prashant Bhushan, appearing for petitioner NGO Association for Democratic Reforms, said the SBI, in its application seeking more time, which was dismissed on March 11, had said it had the poll bond numbers et cetera and that the data were in two different silos.

Pointing out that the bank was not a party to the proceedings and therefore no one was appearing on its behalf, Solicitor General Tushar Mehta urged the bench to issue notice to the SBI.

Mehta clarified he was not appearing for the bank but for the government. “SBI is not a party. They were here because they had moved an application,” he said, adding that the bank “may have something to say”.

The CJI said, “They should be here when the matter is going on.” Expressing displeasure over the bond numbers not being disclosed, he said, “Really speaking… we can take exception to what they have disclosed because they were duty-bound…”

The bench then referred to its operative directions.

Senior Advocate Kapil Sibal, appearing for one of the petitioners, said, “This is an inclusive order… should include all details.”

The bench then proceeded to issue notice to SBI and said, “The judgement of the Constitution Bench required the SBI to furnish to the ECI all details of the electoral bonds purchased and, as the case may be, redeemed by political parties including the date of purchase, name of purchaser and the date of purchase/redemption.”

“It has been submitted that the SBI has not disclosed the unique alphanumeric number of the electoral bonds. Solicitor General submits that since he is not appearing for the SBI, notice may be issued to SBI. We direct the Registry to issue notice to SBI, returnable on Monday,” it said.

Allowing the ECI request for return of the data submitted earlier, the bench said it was under the impression that the poll body had a copy of the data. It directed its Registry to return the data.

“The Registrar (Judicial) of this court shall ensure that the data which has been filed by ECI in pursuance of the interim orders of the court is scanned and digitised. This may be completed by 5 pm tomorrow. Once this exercise is completed, the original shall be returned to ECI counsel Amit Sharma who shall then upload it on the ECI website,” it said.

The bench directed that a digital copy of the data too be furnished to the ECI counsel.

Responding to the March 11 direction by the bench asking it to furnish the details of the bonds to the ECI, the SBI had on Tuesday informed the Supreme Court that it had furnished details of the purchase and redemption of the bonds to the ECI.

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