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State Bank of India vs Association for Democratic Reforms & Ors.

Not available · 2024 INSC 195Decided 11 Mar 2024
Not available

Background

On 15 February 2024, a Constitution Bench of the Supreme Court had struck down the Electoral Bond Scheme as unconstitutional and directed the State Bank of India (SBI), the sole authorized bank for the scheme, to disclose full details of every bond purchased and redeemed between 12 April 2019 and 15 February 2024 to the Election Commission of India (ECI) for publication. Days before the compliance deadline, SBI filed a Miscellaneous Application seeking an extension of time until 30 June 2024, citing the complexity and manual nature of the data-collation process. The Association for Democratic Reforms (ADR) and the Communist Party of India (Marxist) separately filed contempt petitions against SBI's Chairman, Dinesh Kumar Khara, arguing that the required information could readily be disclosed using the unique alphanumeric number printed on each bond, and that SBI was deliberately stalling compliance.

Decision Breakdown

The Court rejected SBI's request for a four-and-a-half-month extension, holding that SBI's own submissions showed the required data was already compiled and readily available, undermining its claim that disclosure required extensive additional time. It directed SBI to disclose the complete details by close of business on 12 March 2024, and directed the ECI to compile and publish this information on its official website by 5 pm on 15 March 2024, along with the interim-order data ECI had separately held in custody during the litigation. SBI was also ordered to file a compliance affidavit from its Chairman and Managing Director. The Court declined to exercise its contempt jurisdiction at this stage, but explicitly warned SBI that it would face contempt proceedings for willful disobedience if it failed to meet the new deadlines.

Lesson Learnt

When the Supreme Court orders disclosure of information in the public interest, a party cannot use claims of administrative complexity to indefinitely delay compliance, especially when its own submissions reveal the information was already available; courts will hold firm deadlines and keep the threat of contempt in reserve to ensure real compliance.

Official source (sci.gov.in)View Judgment (PDF)

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