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Not a waste of time, file affidavits on demonetisation: SC

Apex court asks Centre to place before it the communication issued to RBI on November 7, 2016, recommending policy

The Supreme Court of India File Picture

R. Balaji
Published 13.10.22, 01:55 AM

The Supreme Court on Wednesday directed the Centre and the RBI to file comprehensive affidavits to justify the demonetisation decision of 2016, rejecting the government’s contention that the issue was now merely “academic” and any hearing would be a “waste of the court’s time”.

The apex court asked the Centre to place before it the communication issued to the RBI on November 7, 2016, recommending demonetisation.

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The bench of Justices S.A. Nazeer, B.R. Gavai, A.S. Bopanna, V. Ramasubramanian and B.V. Nagarathna posted the matter for further hearing to November 9, by when the government and the RBI are expected to file their affidavits.

“We want to see them. You cannot keep them away from us. Also file a comprehensive affidavit,” Justice Nazeer, heading the bench, told attorney-general R. Venkatramani.

The bench brushed aside the suggestion by solicitor-general Tushar Mehta that the court need not deliberate on the academic issue and the precious time of the constitution bench need not be wasted.

“In order to answer the issues, we will hear and give an answer whether it is academic or beyond the scope of judicial review. The point in the case that we need to examine is the government policy and its wisdom, which is one aspect of the matter. We also know where the Lakshman Rekha is, but the manner over which it (demonetisation) was done has to be examined,” Justice Nazeer observed.

Senior advocate Shyam Divan, appearing for main petitioner Vivek S. Narayan, had objected to Mehta saying the matter was a “waste of time” and pointed out that the issue had been referred to the constitution bench after detailed arguments on the validity of the demonetisation policy.

Arguing for some of the petitioners, senior advocate and former Union finance minister P. Chidambaram sought a directive to the government to produce certain documents relating to the letter issued by the Centre to the RBI on November 7, the agenda of the RBI board meeting and the subsequent resolution approving demonetisation.

The court pointed out that the documents were relevant as the petitioners had challenged Section 26(2) of the RBI Act, which according to Chidambaram, empowered the Union government to cancel only certain series of currency notes and not that of the entire denomination.

“Show us where is the recommendation of the central government? Where is the consideration of the recommendations by the RBI? These are the things which you must answer,” the bench told Venkatramani.

The matter was referred to a five-judge bench in 2017 by a three-judge bench headed by then Chief Justice of India T.S. Thakur for authoritative pronouncement on over two dozen petitions challenging the validity of the demonetisation and the short window period offered to citizens to exchange the demonetised notes.

At that time, the apex court had stayed all proceedings against the demonetisation pending in various high courts, transferred to itself all the cases and referred the matter, including the constitutional validity of the demonetisation launched from November 8, 2016, to a five-judge bench.

The following issues would now be considered by the constitution bench:

“Keeping in view the general public importance and the far-reaching implications, which the answers to the questions may have, we consider it proper to direct that the matters be placed before the larger bench of five judges for an authoritative pronouncement,” the apex court had said in an interim directive in 2017.

Demonetisation Supreme Court Of India
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