Don’t make me say anything distasteful: CJI admonishes SC bar chief

The Chief Justice of India (CJI) DY Chandrachud on March 18 pulled up Adish Aggarwala, a practising senior lawyer at the Supreme Court and president of Supreme Court Bar Association (SCBA), for seeking a suo motu review of the top court’s historic judgment on electoral bonds.

Questioning his locus standi and issuing a stern warning to Aggarwala, CJI Chandrachud said, “Apart from being a senior counsel, you are president of SCBA. You have written a letter invoking my suo motu powers. These are all publicity-related stuff and we will not get into this."

Aggarwala on March 14 wrote a letter to the CJI seeking a suo motu review of the February 15 judgment by which the apex court had held null and void the electoral bonds scheme, which the Union government had launched in 2019.

The top court also ordered government-owned State Bank of India, the issuer of all electoral bonds, to give details of buyers of bonds and directed the Election Commission of India to put the same in the public domain

Seeking the top court’s indulgence “to initiate suo motu Review proceedings, to take a relook into the Hon’ble 5-Judges Constitution Bench decision delivered on February 15, 2024”, SCBA chief raised certain questions of law vis-a-vis the judgment in question.

“Revealing the names of corporate donors and amount of donation would render the corporates vulnerable for victimisation,” he said.

Presidential reference sought

Two days before seeking a review of the judgment, the senior lawyer on March 12 shot off a letter to President Droupadi Murmu, seeking a presidential reference to not let the judgment come into effect until it was reviewed by the apex court.

“Disclosing such sensitive information, that too retrospectively, will result in chilling effect in corporate donations and participation in the democratic process. Besides drying up further donations, such an act would discourage and dissuade foreign corporate entities from setting shops in India or participating in the democratic process but contributing to winning horses,” Aggarwala told President Murmu.

“If we enforce this judgment of the Hon’ble Supreme Court of India by retrospectively releasing all sensitive information, it will shatter the reputation the nation enjoys in the international arena,” he said.

Hue and cry among legal fraternity

His letters to President Murmu and CJI, written in his personal capacity but nonetheless invoking his association with various lawyers' bodies including the SCBA, led to a hue and cry among the legal fraternity, with the SCBA distancing itself from its chief.

The SCBA promptly moved to pass a resolution condemning his act. "The Executive Committee of the Supreme Court Bar Association further views this act as well as the contents therein as an attempt to overreach and undermine the authority of the Hon'ble Supreme Court of India and unequivocally condemn the same," the resolution said.

Aggarwala couldn’t lean on any quarter for support when he stood before the CJI. "We don't support this," said solicitor general Tushar Mehta, completely dissociating himself from Aggarwala’s request for a review of the judgment.