Countering the Opposition’s charge on the now-scrapped electoral bonds system, Union Home Minister Amit Shah today asked if the Opposition parties would also describe donations they received through bonds as “extortion”.

Mr Shah’s remarks, made in an exclusive interview to NDTV, were a sharp response to Congress leader Rahul Gandhi, who has said the electoral bonds system was the “world’s biggest extortion scheme” and called Prime Minister Narendra Modi as “champion of corruption”.

Responding to the Opposition parties charge on the issue in the run-up to the Lok Sabha polls, Mr Shah said, “Their parties have also received donations through bonds. Is that extortion as well? Rahul Gandhi must tell the people, yes, we have also extorted. And the donation they have received in proportion to the number of MPs is more than what we got. They don’t have an issue, there is no allegation of corruption against us. So they are trying to create confusion. They won’t be successful.”

In a landmark verdict on February 15, the Supreme Court scrapped the electoral bonds scheme on the grounds that it violates the citizens’ right to information. The scheme, Chief Justice of India DY Chandrachud said, was unconstitutional and arbitrary and may lead to a quid pro quo arrangement between political parties and donors.

The Constitution bench of five judges held that the stated objective of fighting black money and maintaining the confidentiality of donors cannot defend the scheme. Electoral bonds, the court said, are not the only way to curb black money.

Subsequently, in data released by State Bank of India and made public by Election Commission of India, the BJP was found to have received maximum funds through these bonds — Rs 6,986.5 crore — since they were introduced in 2018. The BJP was followed by Trinamool Congress at Rs 1,397 crore and Congress at Rs 1,334 crore. 

Patna:

Opposition parties received donations through the electoral bonds scheme, but it was the BJP who used the system for extortion and blackmail, actor-turned-politician Shatrughan Sinha has told NDTV. The Trinamool Congress MP, who is gearing up for the Lok Sabha battle in West Bengal’s Asansol, was in Patna when NDTV caught up with him.

Responding to a question on the Trinamool Congress ranking second on the list of parties that received donations through the now-scrapped system, Mr Sinha said, “Has the Trinamool Congress or any other Opposition party resorted to extortion or blackmail? Have they applied pressure that if you do not give a donation, ED, CBI and Income Tax will go after you? Have those who donated through electoral bonds received contracts worth thousands of crores?”

Mr Sinha said it was the BJP which introduced the electoral bonds scheme for political funding. “You cleared the way, what’s the problem if others jumped in? They did not misuse the system or hatch a conspiracy or pull off a fraud. They did not commit atrocities or threaten people with arrest,” he said.

The ruling BJP, he said, had done “chanda ka dhanda” (business of donation). “You gave out contracts (based on donation), made arrests, threatened people. There is a sea of difference,” he said.

“Whether it is Trinamool Congress or Samajwadi Party or Congress, they received money under the system, but they did not misuse it, they did not try to turn it into fear. You cannot draw a comparison between us and the ruling party,” Mr Sinha said.

According to the data released by the Election Commission of India, the BJP received the maximum funds through these bonds (Rs 6,986.5 crore) since the scheme was implemented in 2018. Trinamool Congress was a distant second (Rs 1,397 crore) and Congress ranked third (Rs 1,334 crore).

Asked if the electoral bonds revelation is now a poll issue, Mr Sinha agreed. He also flagged the Election Commission of India’s response to concerns regarding the Electronic Voting Machines. “People feel that the Election Commission has not come out clear on the question of EVMs. They used shayari to trivialise the matter. Truth and transparency matter. It is equally important that good work is done and good work is seen to be done,” he said.

Earlier with the BJP, Mr Sinha joined the Congress in 2019 and switched to the Trinamool in 2022. He won the Asansol parliamentary seat in a bypoll the same year.

New Delhi:

The president of the Supreme Court Bar Association was in for some tough talk by Chief Justice of India (CJI) DY Chandrachud during the hearing on electoral bonds today. Adish Aggarwala, senior advocate and president of the lawyers’ body, had sought a suo motu review of the Supreme Court’s landmark judgment last month in which it scrapped the electoral bonds scheme and directed the State Bank of India to release all details of political funding made through bonds.

When Mr Aggarwala mentioned the matter today, the Chief Justice replied, sternly, “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. Do not make me say anything more. It will be distasteful.”

Solicitor General Tushar Mehta dissociated from Mr Aggarwala’s request. “We don’t support this.”

The senior lawyer had earlier sparked a row when he wrote to President Droupadi Murmu, urging her to seek presidential reference of the Supreme Court judgment in the electoral bonds case.

The Supreme Court Bar Association had distanced itself from his views and said members of the panel had not authorised Mr Aggarwala to write to the President.

“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 (Aggarwala ) 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 Hon’ble Supreme Court of India and unequivocally condemn the same,” a resolution issued by the bar association’s Secretary Rohit Pandey said.

The resolution said that the letter by Mr Aggarwala appears to have been written by him in his capacity as Chairman of 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,” it said.

The senior lawyer had, in his letter to the President, urged her to seek presidential reference of the top court ruling and not to give effect to it unless the matter is heard again.

“Revealing the names of corporates that had contributed to different political parties would render the corporates vulnerable to victimisation,” he wrote. He added that if the judgment is given effect retrospectively and all information released, “the reputation the nation enjoys in the international arena” will be shattered.

New Delhi:

The Supreme Court on Monday came down strongly on the State Bank of India for “wilful disobedience” of last month’s order – that data about donors and recipients of electoral bonds be released by March 6.

In a significant development, the court warned SBI of contempt proceedings if it failed to release this data by close of business tomorrow. The court also directed the Chairman and Managing Director of SBI – India’s largest bank, with a 23 per cent market share – to file an affidavit after compliance.

“While we are not inclined to exercise contempt jurisdiction at this time, we place SBI on notice that this court may be inclined to proceed against it for wilful disobedience if it does not comply with directions by timelines indicated in this order,” the court said.

A bench led by Chief Justice DY Chandrachud also directed the Election Commission of India to collect and publish all electoral bonds data on its website by 5 pm Friday.

READ | “Disclose Electoral Bonds’ Details By Tomorrow”: Top Court Rejects SBI Plea

The Supreme Court was hearing a plea by the SBI to extend a March 6 deadline to release all information about electoral bonds – donors and recipients. 

The bank argued it would take considerable time to collect, cross-check and release the data, which was stored in two “silos” to maintain confidentiality of both sides. “We need a little more time to comply. We were told this is supposed to be a secret.”

The bank had asked for time till June 30, which would be well after the general election.

READ | Matching Donor Details Takes Time, SBI Tells Supreme Court

In response the court pointed out donor details were available at the SBI’s Mumbai branch, and the bank just had to “open covers, collate details and give information”. The Chief Justice then asked the bank what work had been completed since its original order – 26 days ago. “Please tell what matching you have done in the last 26 days. There is a degree of candour expected from SBI…” he remarked.

READ | SBI Plea For Time To Submit Poll Bonds Info Dismissed: What Top Court Said

The court today also heard a pleas by the Association for Democratic Reform, or ADR, which was among the original challengers to the electoral bonds scheme launched by the government in 2017. It was to allow individuals and groups, including corporates, to make political donations with absolute anonymity.

The ADR had sought contempt action against the State Bank of India for “wilfully and deliberately” disobeyed the court’s order in this matter. The ADR claimed the extension was to obscure details of donors and donations before the April/May Lok Sabah election.

“It is submitted that the said application is mala fide and demonstrates a wilful and deliberate disobedience and defiance of judgement passed by Constitution bench of this court. It is further a clear attempt to undermine the authority of this court,” it said.

The bank’s request for extension was also criticised by Rajya Sabha MP Kapil Sibal, who called it “puerile”.  He called on the court  to protect its dignity, particularly after a Constitution bench judgement.

READ | “Puerile Reason”: Kapil Sibal After SBI Seeks Extension Over Electoral Bonds

Last month, in a landmark verdict, the Supreme Court held the electoral bond scheme to be “unconstitutional” and said it violated citizens’ right to information. The SBI was directed to reveal all bonds data by March 6 and the poll panel to make this information available to the public by March 13.

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