New Delhi: The executive committee of the Supreme Court Bar Association (SCBA) has distanced itself from the recent letter written by its chief to President Droupadi Murmu, urging her to withhold enforcement of the Supreme Court’s verdict on electoral bonds.
This letter written on the letterhead of the All India Bar Association (AIBA) by SCBA president Adish Aggarwala on Monday, called for a presidential reference on the matter and a halt to the implementation of the court’s decision until a rehearing is conducted in the interest of ‘complete justice’ for “Parliament of India, political parties, corporates and the general public.”
Aggarwala’s letter argued against the apex court’s ruling that struck down the electoral bonds scheme as unconstitutional. Emphasising on the legality of the scheme at the time of the contributions, he asserted that corporate entities followed a lawful mechanism provided by the government and Parliament of India.
The SCBA president expressed concern over the potential victimisation and harassment of corporate donors if their details were made public, cautioning against its ‘chilling effect’ on corporate donations and participation in democratic processes. “The possibility of them being singled out by those parties that had received less contribution from them, and harassed cannot be ruled out if the names of corporates and their quantum of contributions to various parties are revealed. This will be reneging on the promise given to them while accepting their voluntary contributions,” letter read
In a resolution signed by the SCBA secretary, the executive committee has categorically stated that they neither authorised Aggarwala to write such a letter nor do they subscribe to his views. The SCBA has also described this act as an attempt to overreach and undermine the authority of the Supreme Court.
The resolution reads:
“The entire seven-page letter, having been printed on the letterhead of the All India Bar Association, appears to have been written by Dr Adish C. Aggarwala in his capacity as the Chairman of the All India Bar Association. However, it is noticed that below his signature on said letter he has inter alia mentioned his designation as President of the Supreme Court Bar Association. Therefore, it has become expedient for the Executive Committee of the Supreme Court Bar Association to make it abundantly clear that the members of the committee have neither authorised the President to write any such letter nor do they subscribe to his views as expressed therein. 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 Supreme Court of India and unequivocally condemn the same.”
Nearly 150 Supreme Court lawyers have also signed a resolution seeking the removal of Aggarwala. Their resolution calls for a general body meeting of the SCBA to discuss the removal of the president for writing letters without authority and capacity on the letterhead of the SCBA.
This recent development marks a significant discord within the SCBA, as it is not the first time Aggarwala has been at odds with the executive committee. Previously, the SCBA president had written to the Chief Justice of India, seeking suo motu action against ‘erring farmers’ amidst the ongoing protest, terming their actions as ‘politically motivated’.
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