13 March 2024 3:55 AM GMT
The executive committee of the Supreme Court Bar Association (SCBA) has strongly denounced the recent letter penned by its president, Senior Advocate Dr Adish C Aggarwala, urging President Droupadi Murmu to withhold the enforcement of the Supreme Court's verdict on electoral bonds.
Not only have they distanced themselves from Aggarwala's stance, but has also unequivocally condemned the views, terming it as an attempt to overreach and undermine the authority of the Supreme Court.
This letter of Aggarwala, issued yesterday on the letterhead of the All India Bar Association (AIBA), 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 “the Parliament of India, political parties, corporates and the general public.”
Aggarwala's letter argued against the Supreme Court's ruling that struck down the electoral bonds scheme as unconstitutional. He emphasised the legality of the scheme at the time of the contributions, asserting 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.
In response to this, in a resolution signed by its secretary, the SCBA executive committee has categorically stated that they neither authorised itsresident to write such a letter nor do they subscribe to his views. It has also described this act as an attempt to overreach and undermine the authority of the Supreme Court of India, unequivocally condemning Aggarwala's letter to President Murmu. The resolution reads:
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 farmers' protest, terming their actions as 'politically motivated'.
This prompted a majority of the members of the SCBA executive committee to issue a resolution clarifying that Aggarwala wrote the letter unilaterally without any consultation with the committee members.
Not only this, nearly 150 Supreme Court lawyers also signed a resolution seeking the removal of President 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 Supreme Court Bar Association.