SCBA Executive Committee Condemns President Adish Aggarwala's Letter Asking To Withhold Enforcement Of Electoral Bonds Verdict

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:

"The entire seven-page letter, having been printed on the letterhead of the All India Bar Association, appears to have been written by Dr Adish C. Aggarwala in his capacity as the Chairman of the 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. Therefore, 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 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 Supreme Court of India and unequivocally condemn the same."

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.