The
Supreme Court on Friday rejected a batch of pleas seeking a court-monitored
investigation into the electoral bonds scheme while observing that it cannot
order a roving inquiry.
A
bench comprising Chief Justice D Y Chandrachud and Justice JB Pardiwala said it
would be "premature" and "inappropriate" to order a probe
under a retired judge when the remedies available under the ordinary law
governing criminal law procedure have not been invoked.
The top court said it cannot order a roving inquiry
into purchase of electoral bonds on the assumption of a quid pro quo for award
of contract.
"The
court entertained petitions challenging electoral bonds since there was an
aspect of judicial review. But the cases involving criminal wrongdoing should
not be under Article 32 when there are remedies available under the law,"
the bench said.
Article
32 empowers a citizen to approach the Supreme Court directly for enforcement of
their fundamental rights recognised by the Constitution.
The
apex court also declined the prayer of the petitioners to direct the
authorities to recover the donations received by political parties through
electoral bonds and to reopen their income tax assessment.
The bench said these remedies pertain to the
exercise of statutory functions by authorities under the Income Tax Act.
"For
the court to issue any such directions at this stage would amount to a
conclusive opinion on disputed facts," it said.
"The
underlying premise of the submissions made indicate that these are assumptions
at the present stage and require the court to embark upon a roving enquiry into
the purchase of the electoral bonds, the donations which were made to the
political parties and the arrangements in the nature of quid pro quo...
"We
are of the considered view that the constitution of an SIT, headed by a former
judge of this court or otherwise, should not be ordered on the face of remedies
which are available under the law governing both criminal procedures," the
bench said.
The
top court was hearing the pleas filed by NGOs -- Common Cause and the Centre
for Public Interest Litigation (CPIL), Dr Khem Singh Bhatti, Sudip Narayan
Tamankar and Jai Prakash Sharma.
At
the outset, advocate Prashant Bhushan, appearing for Common Cause and CPIL,
argued that the disclosures which emerged after the apex court struck down the
electoral bonds scheme reveal that there was "quid pro quo" between
corporates, who purchased the bonds, and the political parties, who got the
donations.
He
submitted that this was an extraordinary case which shows large-scale shady
deals following the disclosures made on the top court's order.
Senior
advocate Vijay Hansaria, appearing Bhatti, said the petitioner is seeking a
direction for confiscation of the money received by political parties through
electoral bonds.
The
senior lawyer said the judgment of the top court in the electoral bonds case
clearly stated that quid pro quo electoral bonds donation would amount to
bribery under the Prevention of Corruption Act.
The
PIL of the two NGOs alleged an "apparent quid pro quo" between
political parties, corporations, and investigative agencies under the garb of
the scheme.
Terming
the electoral bonds scheme as a "scam", the plea sought a direction
to the authorities to investigate the source of funding of "shell
companies and loss-making companies which made donations to various political
parties, as disclosed by the data released by the Election Commission (EC).
The
petition also sought a direction to the authorities to recover the money
donated by companies as part of "quid pro quo arrangements where these are
found to be proceeds of crime".
A
five-judge Constitution bench had on February 15 scrapped the electoral bonds
scheme of anonymous political funding introduced by the BJP government.
Following
the top court's judgement, the State Bank of India, the authorised financial
institution under the scheme, had shared the data with the EC, which later made
it public.
The
electoral bonds scheme, which was notified by the government on January 2,
2018, was pitched as an alternative to cash donations made to political parties
as part of its efforts to bring in transparency in political funding.
"The
electoral bond scam has a money trail unlike the 2G scam or the coal scam,
where allocations of spectrum and coal mining leases were arbitrarily made, but
there was no evidence of a money trail. Yet this court ordered court-monitored
investigations in both those cases, appointed special public prosecutors and
formed special courts to deal with those cases," the plea said.
It
claimed several firms, which were under investigation by government agencies,
donated large sums of money to the ruling party to potentially influence the
outcome of probes.