Hindustan Times (Chandigarh)

‘Embarrassi­ng’: SC pulls up govt for not filing affidavit yet

- Utkarsh Anand

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.

 ?? ?? SC asked the government and RBI to submit their affidavits within a week.
SC asked the government and RBI to submit their affidavits within a week.

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