The Supreme Court (SC) on Tuesday criticized a police complaint filed against members of the Election Committee (EC) appointed to conduct the Supreme Court Bar Association (SCBA) elections, calling it “absolutely unwarranted.”
A bench of Justices Surya Kant and KV Viswanathan was hearing the SCBA v. BD Kaushik case, which involves disputes about SCBA reforms. The Court emphasized that the EC members were “extended arms” of the Court, acted bonafide, and ruled out any possibility of criminal prosecution against them.
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The Court expressed strong disapproval of Senior Advocate Dr. Adish C. Aggarwala, who had made “scandalous” allegations against the EC. However, after facing criticism, Aggarwala unconditionally withdrew his statements, prompting the bench not to take further action.
During the hearing, Senior Advocate Vijay Hansaria, a member of the EC, informed the Court that a recount of votes for the SCBA President's post was conducted. He clarified that while a bonafide calculation error had occurred, the final result remained unchanged. He also voiced concerns about a complaint made to a police station accusing EC members of criminal conduct, leading to fears that police might approach them.
The bench, while initially dismissing the allegations, was concerned upon learning of the police complaint. Justice Viswanathan remarked lightheartedly that EC members were not easily intimidated, but assured them, “You are officers of the Court, and the Court will ensure nothing adverse happens to you.”
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Justice Kant further reinforced trust in the EC's integrity:
“It does not seem to be a case of hanky panky. We have no doubt the EC has done a commendable job. As a Court, we are thankful to them. They have acted like any independent tribunal would act.”
Justice Viswanathan also commented on the challenges faced by EC members:
“The task of the Election Committee is a painful one. Members have to put aside their regular work for weeks to manage election duties under strenuous conditions.”
Senior Advocates Jitendra Madan Sharma and Mahalakshmi Pavani were also part of the EC.
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Background:
The SCBA elections recently faced controversies, with allegations of irregularities such as bogus voting and bias. The Court previously stated that members with grievances about the elections could approach the Court with proper evidence. It ordered preservation of CCTV footage and indicated it would examine allegations of impersonation or gross illegality if proven.
On May 22, the Court hinted that if allegations were substantiated, it might set aside the elections. On May 23, it was informed that a recount of votes would be conducted due to discrepancies between the total recorded votes and the number of ballots issued.
Case Title: Supreme Court Bar Association v. BD Kaushik, Diary No. 13992/2023
