SC junks pleas for SIT probe into electoral bonds scheme

'PREMATURE', 'INAPPROPRIATE' TO INTERVENE NOW, SAYS SC

The Supreme Court on Friday dismissed a batch of petitions seeking a court-monitored Special Investigation Team (SIT) probe into the electoral bonds scheme amid allegations of "quid pro quo" arrangements between political parties and corporate donors.

Refusing to interfere in the electoral bonds issue, a bench comprising Chief Justice D Y Chandrachud and Justice J B 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 procedure have not been invoked.

The Apex Court said it cannot order a roving inquiry into the purchase of electoral bonds on the assumption of a quid pro quo for awarding contracts.

"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 recognized 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 assessments. 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.