Judiciary on demonetisation: 5 things courts said about the cash crisis

Appearing for the Centre, Attorney General Mukul Rohatgi had expected the Supreme Court to issue directions to courts not to hear demonetisation-related cases.

By: Express Web Desk | New Delhi | Published:November 19, 2016 12:24 pm
demonetisation, judiciary demonetisation, courts demonetisation, demonetisation effect, note ban, 500 notes banned, atm lines, atm queues, bank queues, pm modi demonetisation, india news People standing in long queues to exchange their old Rs 500 and 1000 notes and withdraw cash from the ATM in New Delhi on Thursday. (Source: PTI Photo)

In the aftermath of the government’s decision to demonetise high currency notes of Rs 500 and Rs 1000, the judiciary has spoken on the issue while hearing petitions related to the move to ban the same. On Friday, the Supreme Court bench, led by Chief Justice of India T S Thakur and Justice A R Dave, observed that queues outsides banks and ATMs indicated a crisis scenario for the people. While the apex court also asked both parties to be ready with data in writing explaining the multiple sides to the demonetisation decision, Calcutta High Court stressed upon the need for measures to control the crisis.

*Supreme Court: “Last time you said there will be relief for people in the coming days but you have squeezed the exchange limit to Rs 2,000 only. What is the difficulty?… It is a serious issue which requires consideration.”

*Calcutta High Court: The bench highlighted the needs for “some measures to alleviate the sufferings of the common people.” It also said the move was taken without sufficient homework.

*Supreme Court: “Some measures are required. See the kind of problems people are facing. It is a crisis. People have to go to the high court. If we shut them from going to the high court, how can we know the magnitude of the problem. People going to different courts indicates the magnitude of the problem,”

*Supreme Court: “Ordinary people are affected. People are frantic. People have the right to approach courts.” Asking the Centre to see the difficulties, the bench said, “Can you (the Centre) dispute?”

*Calcutta High Court: The court said there must be some measured for those having illness or some kind of urgency. It also said that “medical institutions, private and public transport — rail, air, bus — and also essential commodities” should not be affected by demonetisation.

Appearing for the Centre on Friday, Attorney General Mukul Rohatgi had expected the Supreme Court to issue directions to courts not to hear demonetisation-related cases. However, the bench led by CJI concluded that if they stopped people from going to courts, they would not be able to assess the magnitude of the problem. After the court rejected Centre’s plea, Rohatgi said they would file a transfer petition. The matter will now be heard on November 25. The Calcutta High Court will also be hearing a plea made on behalf of disabled people seeking a modification which would allow the disabled people to have an authorised representative exchange their money.

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  1. A
    Archna
    Nov 20, 2016 at 3:27 am
    CJI THAKUR IS BEING VINDICATIVE .lt;br/gt;AS HE IS AGAINST MODI GOVTlt;br/gt;Court should not interfere in policy decisions as many high courts earlier refused to accept such peions but THAKUR is exploiting situation so that he can trouble Modi and take his revenge
    Reply
    1. C
      Chander Pal
      Nov 19, 2016 at 7:42 am
      Its surprising we can not have any views about the lordships.(1) Can we the ordinary citizens request for S C to wake up at 3 am for any matter. The Court was set up for an accused involving terror. (2) Judges appointing judges is not fair. (3) There are glaring cases which lingered on for over 20 years and the persons were arrested. Suddenly so odd 'new developments' were discovered and the same persons were freed within a couple of days.
      Reply
      1. J
        Jayo khan
        Nov 19, 2016 at 8:12 am
        Builders are accepting the old currency as per I.T survey in noida . what a Joke ion poor's . we were resilience by birth and die in similar conditions.
        Reply
        1. J
          Jayo khan
          Nov 19, 2016 at 8:21 am
          Contact ostwal builders tel no 28557777 ask them how they will facilitate house buying in Mira road and see the response – Ner sonde
          Reply
          1. Z
            Zameer
            Nov 19, 2016 at 8:58 am
            It's a clear violation of human rights, common people are suffering.
            Reply
            1. V
              Vasoo
              Nov 19, 2016 at 9:00 am
              Ok , but what they (SC)did for 60 years .
              Reply
              1. V
                Vasoo
                Nov 19, 2016 at 9:14 am
                That is why now govt try to wipe corruption including the above post.
                Reply
                1. V
                  Vijay
                  Nov 19, 2016 at 10:19 am
                  It is surprising that the judges are treated as demi gods in India , who can adjudicate any matter under the sun. What is the competence of our My Lords where they can interfere in such matters of national interest?
                  Reply
                  1. V
                    vvvvv
                    Nov 19, 2016 at 7:57 am
                    It is shame to Modi and his government what action he took an make his own people to die for their own money. He is shameless PM in indian history really... Shame to this government.. Dr. ManMohan singh being a great and respectable economist not done this chiwala wanted to kill own people by uri by money demoination or what we dont know.... Jai Hind
                    Reply
                    1. S
                      Sankar Mukherjee
                      Nov 19, 2016 at 10:17 am
                      In my opinion the Hon'ble Supreme Court righteously feel the crisis and should p a reasonable direction immediately.
                      Reply
                      1. A
                        Advitiyabharat
                        Nov 19, 2016 at 10:02 am
                        Judiciary will serve itself better if it focuses on its own backyard and dispose off the cases timely that have been ongoing and part heard. Few vacancies of judges aren't the real reason for those delays! If common man can give so many sacrifices that to willingly why can't judges completely abolish vacations in the courts that remain only partially functional for over couple of months in a year?
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                        1. A
                          a k
                          Nov 19, 2016 at 8:15 am
                          why don't judiciary reduces the long waiting queues in court in fast desposing the cases
                          Reply
                          1. A
                            anupam
                            Nov 19, 2016 at 8:10 am
                            Judiciary must not interfere in a process of demonetization because Govt. of India has initiated the process with all right intentions. As such, SC' observation that it may lead to riots , sounds like unnecessary uproar of some politicians. Supreme Court must join hands in this cleansing act of the Government. In a vast country like India with 128 Crore potion , some problems were bound to arise and our Hon'ble Supreme Court rightly directed the Govt. of India to fix them at the earliest. As opined by the SC Govt. of India must take care of farmers esp by arranging credits in their Jan Dhan accounts to buy seeds / manure etc.
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                            1. A
                              Arvind
                              Nov 19, 2016 at 10:28 am
                              Our judiciary specially at SC/HCs are always keep national interest first before any other things which lacked by Political Parties and its leaders.That is SC has fixed hearing 25th Nov 2016.SC has forced Govt 6 years back to appoint a SIT but MMS Govt did not do it but Nrendra Modi Govt took first decision after coming to power to form a SIT which has recommended Demonetization to unearth black money and Modi govt has now implemented.Now many poor people/Middle cl/Working cl/Aam Aadmi are suffering to get their old notes exchanged or withdraw their own money from Bank but still all of them support Modi Govt over Demonetization.But some political Parties/Black moneys holders are opposing it due to fear of losing power and their black moneys on pretext of suffering of common man.
                              Reply
                              1. S
                                Shivaji
                                Nov 19, 2016 at 10:50 am
                                Now the bhakts will say that the court is anti-national.
                                Reply
                                1. D
                                  Dash
                                  Nov 19, 2016 at 12:38 pm
                                  A strong leader is leading the nationlt;br/gt; The judiciary and the opposition can not digest it but dharma will triumph. Honesty will be rewarded. The likes of corrupt Khujilwals,Bombtas will bite the dust. Jai Hind.
                                  Reply
                                  1. শৌনক বসু
                                    Nov 21, 2016 at 2:46 am
                                    Lets mark him and the entire Judiciary Anti National. What say????
                                    Reply
                                    1. B
                                      Bhagavath B S
                                      Nov 20, 2016 at 4:13 am
                                      court has only 5 THINGS TO DO? BUT WE GENERAL PUBLIC HAS 1000 QUESTIONS TO ASK HOW SUPREME COURT ENTANGLED IN CURRENCY CHANGING MATTER?
                                      Reply
                                      1. A
                                        Arun
                                        Nov 19, 2016 at 7:32 am
                                        It is Supreme Court's order to appoint SIT on Black Money to UPA Govt but it never appointed. However Modi Govt took first decision after coming to power to appoint SIT.Then its recommendations are now being implemented by Modi Govt i.e Demonetization.With huge potion of 135 crores ,it will have some problems to all specially Common man .Further those who are against it, have come together to oppose Demonetization so that their black moneys remain intact.Therefore, Judiciary must see all aspects before coming any decision.It can also help Govt with their constructive suggestions to Modi govt to ease hardship to Aam Aadmi.
                                        Reply
                                        1. P
                                          prabhu
                                          Nov 19, 2016 at 7:45 am
                                          No problem. We fought for freedom n many people were killed and inconvenience to people. This is freedom movement against corruption and SC shud understand this.
                                          Reply
                                          1. R
                                            rameshnk
                                            Nov 19, 2016 at 10:07 am
                                            SCand HC are increasingly crossing the Lakshman Rekha. Who is SC or HC to p judgenment on Demonetization . First do they understand what is demonetization, functions of RBI, functioning of ATm, currency situtation, FICN and Terro funding etc, etc. When they hae half knowldege what authority they have to question the GOvt. How come sitting in Delhi , SXC judges are commenting on peple on the street. How many people they have met. I strongly believe these SC and HC judges need a good rap. . Let not the SC judges think they are Gods with know of all and sundry. How many of them economics or know currency management. Are they Goda with Gyan on everything.
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