SC Hearing on Demonetisation deferred to Friday, 9th December, 2016

SC Hearing on Demonetisation deferred to Friday, 9th December, 2016

Due to the non availability of the Chief Justice T. S. Thakur, the hearing has been adjourned to 9th of December, 2016

Earlier on 02-12-2016
Today, the Hon’ble Supreme Court started hearing a bunch of petitions (15 in numbers) challenging the demonetisation and/or problems created therefrom. However due to multiple petitions and petitioners, there was a disorderly situation in the Court room which prompted the Court to defer the hearings on Monday, 5th of December, 2016. Meantime, the Chief Justice has asked Attorney general to sort out the case lists and pinpoint the various issues in all petitions.

Earlier on 25th November, the Court decided the 2nd of December, 2016 for the next hearing as the constitutional validity of the demonetisation was also challenged apart from the inconvenience to the public.

Mr. Kapil Sibal, Mr. Salman Khurshid, Mr. Ram Jethmalani are among the senior lawyers who will be pleading in the Apex Courton behalf of the petitioners.

Earlier:
On 25-11-2016, the Court passed the following order:

“Mr. Mukul Rohatgi, learned Attorney General has filed an affidavit explaining the scheme introduced by the Government of India and steps taken by it. He is also free to file counter affidavit to the writ petitions by Friday, 2nd December, 2016. Mr. Kapil Sibal, learned senior counsel appearing on behalf of one of the petitioners’ submits that he does not propose to file any response to the affidavit already filed but reserves his right to file rejoinder affidavit to the counter affidavit, if any. He is free to do so.

List these matters again along with other similar/connected matters on Friday, 2nd December, 2016 at 2.00 p.m.”  

Earlier:
Two PIL were filed in Supreme Court against withdrawal of old bank notes of Rs. 500 and Rs. 1000/-. Petition also filed in in Bombay High Court

A Writ Petition (PIL) was filed the Hon’ble Supreme Court yesterday challenging the Government gazette notification withdrawing old bank notes of Rs. 500 and Rs. 1000/-

The PIL has been filed by an Advocate Shri Sangam Lal Pandey and is expected to be mentioned/heard in the appropriate Bench today in the Supreme Court. The petition seeks  

• a writ in the nature of certiorari quashing this “illegal and arbitrary announcement of the Government without giving opportunity to poor citizens of India, and
• a writ of mandamus/commanding the opposing party (The Central Govt.) to provide stipulated time to the citizens of India for their necessary activities like medical, marriage ceremonies, farmers and middle and lower class citizens for their necessary requirements and education etc.

Broadly, the grounds taken in the Petitions are as under:

1. That emergency services (medical services, marriage ceremonies and educational services ) have been vastly effected,
2. That private hospitals are not accepting old currency notes of 500 and 1000 due to which serious operations/surgeries could not be operated.
3. Thousands of marriage ceremonies scheduled to be on 9^th, 10^th and 11^th November, 2016 can not be solemnised  due to such order of the Prime Minister.
4. That its is the croppy seasons and farmers are ready to sow their fields/ cutting the crops  but they are going to suffer not only economically but physically also.
5. That petitioner has himself witnessed that DMRC is also not accepting old currency notes due to which public is suffering due to “Tughlaki Farman” of the PM of India.
6. That Lacs of people in private hospitals are on the stage of death due to “Tughlaki Farman” of the PM of India.
7. That Lacs of people in the Country have withdrawn huge amount from banks for marriage purposes and due to Govt. order their fundamental rights are being infringed.

Apart from the petition in the Hon’ble Supreme Court, it is learnt that in Hon’ble Bombay High Court also the matter was argued yesterday pointing to recent RBI notification on the provision of Rs. 100 exclusive ATMS as a pilot project within 15 days. It was argued that such a drastic step could not have been taken without implanting the pilot project to save citizens from the hardship. It was also argued that an ordinance was required before the high denomination Bank Notes can be withdrawn. The matter may be heard today by a regular Bench.

Supreme Court issues notice to Central Government 

The Apex Court have not granted any interim relief and asked Central Government to file affidavit iving details of the arrangements made by the Government. The relevant part of the order of the Court dated 15-11-2016 is as under:

ORDER

We have heard learned counsel for the petitioners at some length.

We have also heard Mr. Mukul Rohatgi, learned Attorney General, who offers to file an affidavit in reply to the writ petitions, answering not only the legal contentions urged in the writ petitions but also enumerating the steps that the Government have taken with a view to avoiding hardship and inconvenience to the common man.

Mr. Kapil Sibal, learned senior counsel appearing for the petitioner, submits that while some measures have been taken yet some more need to be taken. He proposes to hand over a list of certain additional measures that need to be taken by the Government to prevent any hardship, inconvenience or prejudice to the people.

Mr. Rohatgi submits that he will have no objection to any such suggestions being examined at the appropriate level and such measures, as are considered feasible without in any manner prejudicing the larger purpose underlying the scheme, being taken by the Government.

The case is likely to be next listed on 25-11-2016

Madras High Court Dismissed the Petition

Meantime today, the Madurai Bench of the Hon’ble Madras High Court has dismissed a petition challenging the withdrawal of bank notes . The High Court held that the demonetisation was for the betterment of the Nation.

PIL in Hyderabad High Court

A PIL filed in Hyderabad High Court in the above subject challenging the government is expected to be heard will be heard tomorrow (11-11-2016)

Bombay High Court PIL

The PIL in Bombay High Court is expected to be mentioned before the regular bench next week. on the first working day.