‘Embarrassing’: SC pulls up govt for not filing affidavit yet
DEMONETISATION PLEAS
HEARING ON NOV 24
NEW DELHI: Describing the deferment of Constitution bench proceedings as “embarrassing”, the Supreme Court on Wednesday regretted the Centre’s failure to file an affidavit explaining the procedural and legal aspects of demonetisation, and adjourned until November 24, scrutiny of the decision-making process behind the 2016 policy.
The five-judge bench, headed by justice SA Nazeer, was compelled to adjourn the proceedings after attorney general (AG) R Venkataramani pleaded for some more time to enable the Centre file its affidavit in terms of the court’s October 12 order.
Before the bench, that also comprised justices BR Gavai, AS Bopanna, V Ramasubramanian, and BV Nagarathna, the AG expressed regret and added that the government’s affidavit would help proceedings move in a structured way.
However, senior advocate Shyam Divan, appearing for one of the petitioners who challenged the 2016 decision, opposed this plea. Divan contended that it has never been an accepted practice to seek deferment of proceedings before a Constitution bench, arguing the petitioners should be allowed to argue while the government and Reserve Bank of India (RBI) may take their own time.
When asked by the court for his views on Venkataramani‘s request, senior advocate P Chidambaram, representing another petitioner, called the situation embarrassing and left the decision to the court.
The bench remarked: “Normally, a Constitution bench never adjourns a matter like this. We never rise like this. It is very embarrassing for the court.”
To this, Venkataramani said that it is embarrassing for him,too. The court then deferred
THE BENCH WAS COMPELLED TO ADJOURN THE PROCEEDINGS AFTER AG R VENKATARAMANI PLEADED FOR SOME MORE TIME FOR CENTRE TO FILE ITS AFFIDAVIT
the proceedings, making it clear that the government and RBI must submit their affidavits within a week.
Three different benches had been broken up to take up the Constitution bench case.
On November 8, 2016, the government declared invalid existing ₹500 and ₹1,000 currency notes, which, at the time, accounted for a little over 86% of the currency in circulation. The move was initially aimed at fighting black money — the assumption was that those in possession would not be able to deposit their demonetised notes with banks, which was the mandated process — but RBI later declared that almost all highvalue notes in circulation were returned to bank accounts.
Over three dozen petitions were filed against the Centre’s move. The pleas have called the move violative of fundamental rights and contrary to the law laid down under the Reserve Bank of India Act, 1934.