Demonetisation of Rs 1,000 & Rs 500: Plea in SC against govt’s decision

The plea has sought either quashing of the notification or a direction to the Centre for grant of "reasonable time frame" to citizens for exchanging the demonetised currency notes to avoid difficulties.

By: PTI | New Delhi | Published:November 9, 2016 9:25 pm
rs 500 ban, rs 100 ban, rs 500 invalid, rs 1000 invalid, narendra modi, modi, india currency, 500 rs note, 1000 rs note, supreme court, india news Justice Shah told The Indian Express: “I certainly see this as a very bold and good move and I am happy that our task of taking out black money from easy circulation, which we thought was so complicated, has been resolved with one stroke.”

A plea was Wednesday filed in Supreme Court seeking quashing of the Narendra Modi government’s decision to demonetise Rs 1,000 and Rs 500 currency notes on grounds that it infringed on citizens’ right to life and to trade, among others. The PIL, which could be listed for hearing during the week, termed yesterday’s notification of Department of Economic Affairs, Ministry of Finance, as “dictatorial” claiming it did not grant reasonable time to citizens for exchanging the specified bank notes to legitimate notes to avoid “large scale mayhem, life threating difficulties”.

The plea, filed by Delhi-based lawyer Vivek Narayan Sharma, has sought either quashing of the notification or a direction to the Centre for grant of “reasonable time frame” to citizens for exchanging the demonetised currency notes to avoid difficulties.

“Because constitutional ‘Right to Life’ and ‘Right to Trade’ of all the citizens of India is being infringed by Respondent due to unreasonable, unmethodical and dictatorial manner of implementing the said Scheme. Respondent has failed to follow constitutional rule of law, adherence to principles of natural justice and provide sufficient time to citizens of India to prepare for such phasing out of specified bank notes.

“As a result the lives, livelihood, existence, business, trade and education etc. of billions of citizens shall get affected, in innumerable, uncalculated and uncountable ways.

“The implementation of phasing out of specified bank notes, overnight, fails the test of reasonableness and care for its citizens by the Respondent Government,” the PIL said.

The Prime Minister, in a televised address to the nation, declared that high denomination notes of Rs 500 and Rs 1000 will no longer be legal tender from last midnight. He said that the Government has declared a “decisive” war against black money and corruption.

The plea, referring to news reports, said demonetisationof Rs 500 and Rs 1,000 notes would mean more than Rs 15 lakh crore worth of high-value legal tender being withdrawn from circulation.

It, however, said the petitioner was not against the scheme of phasing out of specified bank notes, but against the manner of its implementation as it has created “panic and Emergency-like situation all around India”.

“… 1.25 billion of citizens are going to be clueless about running their day-to-day life till the time the transition from specified bank notes to new bank notes takes place. The whole chain of transaction will be affected, making people worry more about procuring money, leaving them standing in line, in banks, to obtain legitimate currency notes and affect their work & trade,” the plea said.

In the next few weeks or may be months, almost all citizens of India are going to face grave harassment in almost every small day-to-day affair and “elementary services like hospitals payments, schools fees payments, toll fees payments, out-station hotel payments, labour payments, local transport payments, buying of essential items like grocery, clothes, pollutions masks, air cleaner, winter clothes, kids care items, old-age care items etc”, it said.

Referring to an RBI report, the PIL said “out of the total Rs 16.42 lakh crore value of bank notes in circulation as on March 31, 2016, as much as Rs 14.18 lakh crore, i.e. over 86 per cent, consisted of Rs 500 and Rs 1,000 notes.”

The decision would lead into large queues in banks and post offices and even ordinary purchases of vegetables and other essentials in markets are going to be impacted badly, it said.

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    Deepanker
    Nov 10, 2016 at 6:38 am
    In Local market it is hard to get change of Rs 500/- so How we get change of Rs 2000/- in Local market and Feriwara.
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      kwchang jamatia
      Nov 9, 2016 at 8:31 pm
      What is your opinion?To clean bad some good has to go through the unbareful process. So it's the nature of all things,what it was will be pleasant after few days.
      Reply
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        MyTake
        Nov 9, 2016 at 7:05 pm
        Plea of "citizen right"? Must be a Taliban sympathizer or some one who works closely without Pak regime to print fake Indian currency notes! There is absolutely no other explanation! lt;br/gt;lt;br/gt;SC should put a penalty on these guys for wasting court's time and for future reference!
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          ahmed
          Nov 10, 2016 at 1:09 pm
          Mr. Raj you are right and even now they will open bank account in their names and deposit the cash money in their account.
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            sunny
            Nov 9, 2016 at 6:26 pm
            modi should had spared 500 notes banning 1000 rupee note is ok even beggars as 500 rupee notes
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              ak dev
              Nov 9, 2016 at 7:37 pm
              Keju and pappu should declare a "Bharat Bandh" against haring of corrupt and black money holders by Modi. Unite corrupts of India unite. Modi is stealing all the lime light. Will pappu's coronation happen under candle light?
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                alvi
                Nov 9, 2016 at 7:28 pm
                you are
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                  anon
                  Nov 10, 2016 at 12:02 am
                  ONLY CONGIS ARE CRYING. THEY NEED TO FIND A EMPTY SPACE LARGE ENOUGH IN NCR REGION TO BURN CASH MATTRESSES WITHOUT NASA SEEING IT FROM SPACE. #CHOR MACHAYE SHORlt;br/gt;lt;br/gt;GOOD STEP BY MODI JI.
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                    End of
                    Nov 9, 2016 at 7:46 pm
                    Yes, the ones that are so used to 'Chaltha Hai Atude" is represented by this PIL
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                      Arun
                      Nov 9, 2016 at 6:58 pm
                      PIL will be rejected by SC as it is more interested to know what Govt is going to action against black money and now Govt has taken strong action against it.Further one can pay through squelches and use Debit and Credit Cards.It has become fashion for any person to file a PIL in SC for getting publicity. Those who have black money will never digest an action taken by Govt towards changing Rs 500 and 1000 Notes.Govt has given enough time those who have black money to disclose before 30th Sept 2016.
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                        Avinash
                        Nov 9, 2016 at 6:56 pm
                        I am no modi supporter - but this is a nice move.lt;br/gt;May be time lines or how to implement it should be reviewed...but it must get support.
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                          bng
                          Nov 9, 2016 at 11:52 pm
                          Probably the first rotten sheep has come out. Many more may follow.
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                            dd
                            Nov 9, 2016 at 10:03 pm
                            Now few Dogs will BARK. Hope SC understand and reject the ple.
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                              ASHOK KUMAR
                              Nov 9, 2016 at 4:47 pm
                              125 crore Indians also want to know the names of black money holders in Panama papers. Has Modi tried to divert people's attention from this core issue.
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                                Dhruvil Purani
                                Nov 9, 2016 at 8:13 pm
                                The man who has file plea will be from Congress or AAP or Mamata banerjee. SC shud not entertain such pleas. So well step was taken by Mr Modi. Iska bhi black money pada hoga thats why he wants to revoke Govt's decision.
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                                  deshKeParivar
                                  Nov 10, 2016 at 2:51 pm
                                  1. lt;br/gt;be warned, be careful...lt;br/gt;lt;br/gt;for some, this is a cowardly surgical-strike,lt;br/gt;on innocent hindustan-bharat ke parivar-families.lt;br/gt; lt;br/gt;govt wants 200% of your money, using excuse of penalty??lt;br/gt;lt;br/gt;what if one saved, after years of slaving work in india,lt;br/gt;for his mother,lt;br/gt;for his wife,lt;br/gt;for his daughters marriages?lt;br/gt;lt;br/gt;is he criminal, as per govt?lt;br/gt;lt;br/gt;is taking care of your family, now its criminal, as per govt?lt;br/gt;lt;br/gt;shud we leave and break our families, and live like Modi lifestyle??lt;br/gt;lt;br/gt;2.lt;br/gt;note this 1 diff between CONG and NOW:lt;br/gt;lt;br/gt;in CONG govt, they took about 3o%.lt;br/gt;lt;br/gt;but todayz govt, they want upto 2oo %.lt;br/gt;lt;br/gt;who is bigger taker?? u decide...
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                                    dr ajeet
                                    Nov 9, 2016 at 4:19 pm
                                    Lawyers also have sympathy for common men wow!lt;br/gt;lt;br/gt;Dude do something also for undertrials!!!
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                                      Eknath Meshram
                                      Nov 9, 2016 at 10:08 pm
                                      THE PRIME MINISTER HAS TAKEN THE SINCERE AND HONEST ACTION TO CURB BLACK MONEY AND CORRUPTION. THE LAWYER VIVEK NARAYAN SHARMA IS EXAGGERATING THE PROBLEMS FACED BY PUBLIC. EVERY THING WILL BE STREAMLINED WITHIN A DAY OR TWO. SOME IN CONVENIENCE TO PUBLIC WHILE EFFECTING THE TRANSITION IS INEVITABLE.THE SURGICAL STRIKE ON BLACK MONEY AND CORRUPTION DOES NOT GIVE TIME FOR CORRUPT PERSONS TO APPROPRIATE OR MANAGE STASHED CASH AND GET SCOT FREE FROM PUNITIVE ACTION. THE BRAINSTORMING AND OVER INTELLIGENCE OF THE LAWYER WILL NOT WORK SINCE THE ACTION TAKEN BY THE PRIME MINISTER MR NARENDRA MODI IS IN THE NATIONAL INTEREST.
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                                        Kay Gee
                                        Nov 9, 2016 at 7:53 pm
                                        SC should direct all PIL people to deposit 10 lacs rupees before lodging complaint. If they win, money will be refunded otherwise collected as cost to justice deptt. This will stop wasting of court time.
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                                          hameed mohamed
                                          Nov 9, 2016 at 6:05 pm
                                          what is the reason to force over night phase out why not it was brought to the discussion and give a year long time and sure the insider know this and had benefited hugely black money holders have many ways to protect their wealth in gold property
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                                            Jind Aulakh
                                            Nov 11, 2016 at 12:14 pm
                                            I agree with those who have objection on new 2000 rs. I bet Modi govt has already sorted their black money before annoucement and will print more 2000 black money after being out of government too ( anything is possible as well as to creat a 2nd modi printing press). they will help those friends to exchange money in future as well as use it for voting next year!!!! all other parties will run out of funds then
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