A review petition has been filed before the Supreme Court by a lawyer against the February 15 electoral bonds judgment arguing that the issue was not justiciable at all.
The lawyer Mathews J Nedumpara in his review plea filed in the top court sought a direction that it be listed for hearing in an open court. As per the SOP and practice, a review plea is heard in the chamber by the same judges in the case.
In his plea, he said that the electoral bonds scheme did not involve fundamental rights of any citizen in the strict sense because it concerns every citizen and the issue was not justiciable at all.
The court has failed to notice that no claims of any specific legal injury was made by the petitioners, or that public opinion could be sharply divided and the majority could probably be in support of the scheme, the petition stated.
The court failed to notice that public opinion could be sharply divided and the majority of the people of this country could probably be in support of the scheme, brought into existence by their elected representatives and that they too have a right to be heard, as much as the writ petitioners.
"The court failed to notice that, if at all it is venturing into the forbidden domain of adjudicating upon a matter of legislative policy, they have a duty to hear the public at large and that the proceedings ought to be converted into a representative proceedings," his plea said.
The petitioner said that being a senior citizen and senior member of the bar, he was obeying the call of his conscience and sought appropriate directions in this regard.
The top court in its landmark verdict had on February 15 said that the Amendments to Income Tax Act provision and the Sec 29C of the Representation of Peoples (RP) Act are declared to be ultra vires and unconstitutional.
The CJI-led bench had said that the Amendment to the Companies Act (allowing blanket corporate political funding) is unconstitutional.
The apex court in its verdict had directed the SBI to stop issuing electoral bonds immediately and also disclose and submit all the details to the Election Commission.
The EC will make all donations public within one week of the receipt of the information. All EBs within the 15-day validity period shall be returned by political parties to the purchasers, the top court had said in its verdict.
"Lack of privacy of political affiliation would be catastrophic. It can be used to disenfranchise voters. Right to informational privacy extends to financial contributions to political parties," the bench of the apex court had said.
The EB scheme was challenged by the Association for Democratic Reforms (ADR), the Communist Party of India (Marxist), Congress leader Jaya Thakur and Spandan Biswal.
