SC Dismisses Pleas Seeking SIT Probe Into Electoral Bonds Scheme

(MENAFN- Live Mint) The Supreme Court dismissed a batch of pleas seeking a probe by a court-monitored Special Investigation Team (SIT) into the electoral bonds scheme. The petitioners had demanded a probe into the sale and purchase of electoral bonds.

The electoral bonds scheme, launched by the Narendra Modi government in 2018, was struck down by the Supreme Court in February this year. The scheme 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 plea filed by two NGOs – Common Cause and the Centre for Public Interest Litigation (CPIL) – alleged an "apparent quid pro quo" between political parties, corporations and investigative agencies.

Dismissing the pleas, the Supreme Court bench comprising Chief Justice DY Chandrachud and Justice JB Pardiwala said it would be inappropriate and premature to intervene at this stage under Article 32 of the Constitution.

Also Read | Court-monitored SIT probe into electoral bonds 'scam': Petition filed in SC

Article 32 grants individuals the right to move the Supreme Court for the enforcement of their fundamental rights. It also ensures that not only do individuals have the right to move the Supreme Court, but the Court also has the power to issue appropriate orders, directions, or writs for the enforcement of fundamental rights

The Supreme Court said it cannot order a roving inquiry into purchase of electoral bonds on the assumption that it was quid pro quo for award of contract, news agency PTI reported.

“The petitions are founded on two assumptions that there was a quid pro quo in cases where there was award of contract or change in policy and that certain officials of investigative agency was involved and thereby probe by normal process of law will not be fair or independent,” the court was qoted by Bar and Bench as saying.

The Supreme Court said it has“highlighted underlying premise of submissions to indicate that these are assumptions at the present stage and would require court to enter into roving inquiry into purchase of electoral bonds, donations made to political parties and arrangements made in nature of quid pro quo.”

Also Read | From the ashes of electoral bonds, a new scheme is rising

"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.

"We decline to exercise our jurisdiction under Article 32 of the Constitution," Bar and Bench reported while citing the court order.

(This is a breaking story. It will be updated soon)

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