Approach govt to recall demonetised notes: SC | Latest News Delhi - Hindustan Times
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Approach govt to recall demonetised notes: SC

ByAbraham Thomas
Mar 21, 2023 11:57 PM IST

The court allowed affected individuals to move representations to the Centre if they desired and directed the government to decide on it within 12 weeks.

New Delhi:

The court segregated certain petitions that did not challenge the demonetisation policy but the action of respective banks in refusing to accept old currency notes to pursue their matter separately before the apex court. (PTI)
The court segregated certain petitions that did not challenge the demonetisation policy but the action of respective banks in refusing to accept old currency notes to pursue their matter separately before the apex court. (PTI)

The Supreme Court on Tuesday provided a final opportunity for persons with recalled currency notes of 2016 to pursue their request with the government to be allowed a window to deposit them, but refused to entertain individual claims after the scheme was upheld by a constitution bench in January.

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“Some martyrs have to be there. We cannot help it. in our judgment (of January 2) we held that some people have to suffer,” a bench of justices BR Gavai and Vikram Nath said. Having upheld the demonetisation scheme, the court was unwilling to keep the matter pending to make exceptions for affected individuals.

At the same time, it noted the power to grant such exemptions lies with the Centre. This was noted in the judgment, which said, “If the Central Government finds that there exists any such class of persons and there are any reasons for extending the benefit under Section 4 of the 2017 Act, it is within its discretion to do so. In our view it cannot be done by a judicial mandate.”

The court allowed affected individuals to move representations to the Centre if they desired and directed the government to decide on it within 12 weeks. If the individuals are further aggrieved by the Centre’s order, the top court allowed them to approach the respective high courts.

Disposing the individual cases, the bench said: “In view of the upholding of the enactment - Specified Bank Notes (Cessation of Liabilities) Act, 2017 – no relief can be granted by this Court. However, if petitioners so desire, they can approach the Government by moving a representation. Such representation may be decided within a period of 12 weeks from the date on which the representation is made.”

Advocate Prashant Bhushan, who appeared for one such individual seeking deposit of the old currency notes, said: “There is a clear bona fide reason for individuals who could not deposit cash. We are not asking the Centre or the Reserve Bank of India (RBI) to frame general exemptions but to consider our individual requests.”

The court segregated certain petitions that did not challenge the demonetisation policy but the action of respective banks in refusing to accept old currency notes to pursue their matter separately before the apex court.

The November 8, 2016, decision of the government to declare old 500 and 1000 currency notes as illegal tender allowed citizens to deposit the currency notes by December 30. From December 31, the Reserve Bank had no liability to exchange these notes. By the 2017 law, possession of the illegal tender notes beyond a certain number is a punishable offence.

Senior advocate Jaideep Gupta, who appeared for the Reserve Bank, submitted to the court that most petitioners did not challenge the November 2016 notification or the 2017 law, but wanted their money back. He was not in favour of entertaining individual requests and pointed out that after considering the individual hardships, the constitution bench concluded in favour of the scheme.

Advocate Shailesh Madiyal, who appeared for Centre, told the court that as per the judgment, the Centre will consider the individual representations and take a decision. Bhushan pointed out that there could be instances where it is found that the decision of the Centre was arbitrary or discriminatory in allowing relief in one case while denying benefit to a similarly placed individual. He requested the court to modify an earlier order while deciding the petitions on demonetisation that restricted access to high courts.

The bench accepted the suggestion in its order. “We clarify that in the event of any person not being satisfied by orders of the Centre, they will always be at liberty to bring the matter before the jurisdictional high courts.,” it said.

The 2017 law allowed a grace period beyond December 30 for certain category of citizens. Indian residents who were outside India between November 9 and December 30, 2016, were allowed to deposit the notes till March 31, 2017. Non-residents who were outside India during the relevant period were allowed limited deposit of the old notes till June 30, 2017.

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