The Supreme Court on Friday rejected a batch of petitions seeking a probe by a Special Investigation Team (SIT) into the misuse of the now-scrapped electoral bonds amid allegations of quid pro quo arrangements between political parties and their corporate donors.
A bench of Chief Justice of India (CJI) DY Chandrachud with Justices JB Pardiwala and Manoj Misra said it would be “inappropriate” and “premature” to order a probe under a retired judge, saying that other remedies under ordinary law governing criminal law procedure weren’t invoked.
“Likewise, in the case of reopening of income tax assessments, the issuance of the direction of that nature would amount to a conclusion on facts which would be inappropriate to make, bearing in mind these would be general and roving inquiries,” the bench said.
The Supreme Court, in its landmark judgment in February, held the electoral bond scheme to be “unconstitutional” and said it violated citizens’ right to information.
During the hearing, advocate Prashant Bhushan argued in favour of a SIT probe into the purchase of electoral bonds.
“There can be a preliminary inquiry and as per their suggestion, there can be a need for a roving inquiry. This court can appoint a former judge of this court to monitor the investigation,” Bhushan said.
On the other hand, senior advocate Vijay Hansaria said, “Assessments have to be reopened because they are not contributions. Some political parties show that the entire money which is undisclosed goes into electoral bonds.”
After the arguments, the bench said, “We decline to exercise jurisdiction under Article 32 of the Constitution. The Supreme Court refuses to entertain a batch of petitions seeking a court-monitored investigation by an SIT into instances of apparent quid pro quo in the purchase of electoral bonds scheme.”
The Centre introduced the electoral bonds scheme in 2018 and was aimed to replace cash donations to political parties, seeking to improve transparency in political funding.