Association Of Democratice Remorms vs Union Of India

Supreme Court18 March 2024B.R. Gavai

Neutral2024 INSC 226
SCR[2024] 3 SCR 1315

Ratio decidendi

The rule this decision rests on

1. A miscellaneous application seeking substantive modification of a substantive judgment cannot be entertained; relief that amounts to pre-dating the point of disclosure in operative directions of the court constitutes a substantive modification of the judgment and is therefore not maintainable in a miscellaneous application. 2. The word "include" in operative directions of a court, when used to exemplify the nature of disclosure required, is illustrative and not exhaustive; accordingly, a complete disclosure of all details in the possession and custody of the executing entity is mandated, extending beyond the specified illustrations. 3. To effectuate a judgment fully and obviate future controversy, the court may require the responsible officer to file an affidavit certifying complete compliance and confirming that no details have been withheld in accordance with the operative directions.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

2024 INSC 226 Reportable

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

Miscellaneous Application No 596 of 2024 In Miscellaneous Application Diary No 11805 of 2024 In Miscellaneous Application No 486 of 2024 In Writ Petition (Civil) No 880 of 2017

Association of Democratic Reforms and Another Petitioner(s)

Versus

Union of India and Others Respondent(s)

ORDER

Miscellaneous Application Diary No 12580 of 2024

1 On being mentioned, the Miscellaneous Application is taken on Board.

2 In sub-paragraphs “b” and “c” of paragraph 221 1 of the judgment of this Court

dated 15 February 2024, the direction to the State Bank of India are to submit

details of the

Signature Not Verified Digitally signed by

(i) Electoral Bonds purchased; and Ashwani Kumar Date: 2024.03.20

1 2024 SCC OnLine SC 150 10:16:51 IST Reason:

2 (ii) Political Parties which have received contributions through Electoral Bonds.

3 This information has to be submitted since the date of the interim order dated

12 April 2019. In other words, all details which have been directed to be

furnished in the operative directions of this Court are to be submitted with effect

from 12 April 2019.

4 The relief which has been sought in the Miscellaneous Application for pre-dating

the point of disclosure would amount to a substantive modification of the

judgment. Hence, it cannot be dealt with in a Miscellaneous Application.

5 The Miscellaneous Application is, therefore, not maintainable and is accordingly

dismissed.

Miscellanoues Application No 596 of 2024

6 By the judgment of this Court dated 15 February 2024, this Court directed “the

disclosure of information on contributions received by political parties under the

Electoral Bond Scheme to give logical and complete effect” to the ruling.

7 Thereafter, in paragraph 221, this Court issued operative directions. These

directions in sub-paragraph “b” and “c” are in two parts. Sub paragraph “b”

requires SBI to submit details of the Electoral Bonds purchased since the interim

order dated 12 April 2019 “till date to the ECI”. Such details, the Court has

indicated, “shall include the date of purchase of each Electoral Bond, the name

of the purchaser of the bond and the denomination of the Electoral Bonds

purchased”. Under the second part of the operative directions in sub-paragraph 3

“c”, SBI was required to submit “the details of political parties which have

received contributions through the Electoral Bonds” since the interim order

dated 12 April 2019 till date to ECI. SBI was required to disclose details of each

Electoral Bond encashed by political parties inclusive of the date of encashment

and the denomination of the Electoral Bond.

8 A plain reading of paragraph 221 of the order dated 15 February 2024 indicates

that SBI was required to submit all details, both in terms of the purchase and in

terms of the receipt of contributions. The expression “include” in both sub-

paragraphs “b” and “c” demonstrate that the inclusive part is illustrative and not

exhaustive of the nature of the disclosure which is to be made by SBI.

9 In other words, SBI is required to make a complete disclosure of all details in its

possession. This will also comprehend the alphanumeric number and serial

number of the Electoral Bonds which were purchased and redeemed.

10 Mr Harish N Salve, senior counsel appearing on behalf of the SBI, states that

there is no reservation on the part of the SBI in disclosing all details which are in

its possession and custody.

11 In order to fully effectuate the judgment and to obviate any controversy in the

future, we direct that the Chairman and the Managing Director of SBI shall file an

affidavit on or before 5.00 pm on 21 March 2024 indicating that SBI has

disclosed all details of the Electoral Bonds which are in its possession and

custody and that no details have been withheld from disclosure in terms of the

directions contained in paragraph 221 of the judgment dated 15 February 2024.

4 12 The Election Commission of India shall upload the details forthwith on receipt of

the communication by SBI.

….....…...….......…………………..CJI. [Dr Dhananjaya Y Chandrachud]

..…....…........……………….…........J. [Sanjiv Khanna]

..…....…........……………….…........J. [B R Gavai]

..…....…........……………….…........J. [J B Pardiwala]

..…....…........……………….…........J. [Manoj Misra] New Delhi;

March 18, 2024 GKA 5

REVISED

ITEM NO.501 COURT NO.1 SECTION PIL-W

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Miscellaneous Application No. 596/2024

(Arising out of impugned final judgment and order dated 15-03-2024 in D No. No. 11805/2024 passed by the Supreme Court of India)

ASSOCIATION OF DEMOCRATICE REMORMS & ANR. Petitioner(s)

VERSUS

UNION OF INDIA & ORS. Respondent(s)

(FOR ADMISSION )

Date : 18-03-2024 This petition was called on for hearing today.

CORAM :. HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE J.B. PARDIWALA HON'BLE MR. JUSTICE MANOJ MISRA

For Petitioner(s) By Courts Motion, AOR

Mr. Kapil Sibal, Sr. Adv.

Mr. Varun thakur, Adv.

Mr. Varinder Kumar Sharma, AOR

Mr. Vijay Hansaria, Sr. Adv.

Ms Sneha Kalita, AOR Ms. Kavya Jhawar, Adv.

Ms. Nandini Rai, Adv.

Ms. Doly Deka, Adv.

Jessy Kurian, Adv.

Mr. K.S. Bhati, Adv.

Mr. Pawan Shree Agarwal, Adv.

For Respondent(s) Mr. Harish Salve, Sr. Adv.

Mr. Sanjay Kapur, AOR 6

Ms. Divya Singh Pundir, Adv.

Ms. Mahima Kapur, Adv.

Ms. Mansi Kapur, Adv.

Mrs. Shubhra Kapur, Adv.

Mr. Devesh Dubey, Adv.

Mr. Surya Prakash, Adv.

Mr. Arjun Bhatia, Adv.

Ms. Isha Virmani, Adv.

Mr. Tushar Mehta, SG Mr. Kanu Agarwal, Adv.

Mr. Rajat Nair, Adv.

Mr. Raman Yadav, Adv.

Mr. Shyam Gopal, Adv.

Mr. Raj Bahadur Yadav, Adv.

Mr. Prashant Bhushan, AOR Ms. Neha Rathi, Adv.

Ms. Kajal Giri, Adv.

Mr. Pranav Sachdeva, Adv.

Ms. Shivani Kapoor, Adv.

Mr. Kamal Kishore, Adv.

UPON hearing the counsel the Court made the following O R D E R

1 On being mentioned, MA Diary No 12580 of 2024 is taken on Board.

2 Miscellaneous Applications are disposed of in terms of the signed reportable

order.

3 Pending applications, if any, stand disposed of.

(GULSHAN KUMAR ARORA) (SAROJ KUMARI GAUR) AR-CUM-PS ASSISTANT REGISTRAR

(corrected signed reportable order is placed on the file) 7