SC to decide on transferring cases against demonetisation on Monday

The Modi government has sought transfer of approximately 60 demonetisation cases from various high courts to the Supreme Court


Ramesh Pathania/Mint
Ramesh Pathania/Mint

New Delhi: The Supreme Court on Friday agreed to decide on transferring cases against demonetisation from various high courts to itself on Monday.

“Categorize the petitions and we’ll see what needs to be transferred here,” a bench comprising Chief Justice of India, T.S. Thakur, and D.Y. Chandrachud said.

The government also told the court that the demonetisation scheme does not amount to infringement of fundamental rights and is a ‘reasonable restriction’.

The court also indicated that cases, which are not challenging the validity of the 8 November notification of the Reserve Bank of India (RBI) scrapping Rs1,000 and Rs500 as legal tender, need not be transferred to the apex court.

“Those cases seeking to plug implementation issues can be heard by high courts,” the bench said in an oral observation.

The Central government has sought transfer of approximately 60 cases from various high courts. This includes cases filed by cooperative banks in Maharashtra, Gujarat, Tamil Nadu. Kerala had moved the apex court directly this week challenging the government’s decision disallowing them to handle scrapped currency.

The top court itself is hearing at least 15 cases challenging various aspects of the demonetisation scheme.

The government’s top law officer, attorney general Mukul Rohatgi, however, said that the government is tackling the issue of cooperative banks.

“The problem is that the technology is not in par with state run banks and there were leakages. We’ll handle the issue,” Rohatgi assured the court.

The case will be heard next on 5 December.

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