Govt yet to submit affidavit, SC adjourns demonetisation hearing

Seeking a week’s time, the A-G apologised to the court for not being able to submit the affidavit.

Justice Nagarathna said, “Normally, a Constitution Bench never adjourns like this. We never rise like this once we have started. It is very embarrassing for this court.

Senior advocate Shyam Divan, appearing for the petitioner, said it’s unusual to seek adjournment from a Constitution Bench.

The court subsequently allowed the Centre’s request for time to file its affidavit.

The court is seized of 58 petitions against the Centre’s November 8, 2016 decision to demonetise high-value currency.

The petitioners, opposed to the government’s decision, have said it involved issues of Constitutional importance. They have argued that the question whether the government can invoke the Reserve Bank of India Act, 1934, to demonetise the entire currency of a particular denomination is very much alive and if it is not answered, the government may repeat it in future.

The court had said it will examine the procedure followed and the manner in which the demonetisation exercise was carried out before deciding if the issue is only academic now.

“The wisdom of the government is one aspect of the matter, and we know where the Lakshman Rekha is. But the manner in which it is done and the procedure is something which can be examined. But for that, we need to hear…” the bench had said on October 12.