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'Need time to file affidavit': Centre tells Supreme Court during demonetisation case hearing

During the hearing, Attorney General R Venkataramani pleaded to the top court for more time to file the Centre's affidavit. He expressed his regrets for seeking an adjournment of the proceedings.

'Need time to file affidavit': Centre tells Supreme Court during demonetisation case hearing AJR
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First Published Nov 9, 2022, 1:28 PM IST

The Supreme Court of India on Wednesday (November 9) adjourned the scrutiny of the decision-making process behind the 2016 demonetisation policy until November 24 after the central government failed to file its affidavit explaining its procedural and legal aspects.

According to reports, more than three dozen petitions have been filed against the Centre's November 8, 2016, move to take currency notes of Rs 500 and Rs 1,000 denominations out of circulation. It can be seen that the pleas have called the move violative of fundamental rights and contrary to the law laid down under the Reserve Bank of India (RBI) Act, 1934.

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During the hearing, Attorney General R Venkataramani pleaded to the top court for more time to file the Centre's affidavit. He expressed his regrets for seeking an adjournment of the proceedings.

Appearing for one of the petitioners, Senior advocate Shyam Divan opposed this plea, contending it has never been an accepted practice to seek deferment of proceedings before a constitution bench. The senior advocate also said the petitioners should be allowed to argue while the government and RBI may take their own time to file the affidavits.

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When asked by the court for his views on Venkataramani's request, senior advocate P Chidambaram, representing another petitioner, called the situation "embarrassing" and left the decision to the wisdom of the court.

At this point, justice BV Nagarathna said, "Normally a constitution bench never adjourns like this. We never rise like this. It is very embarrassing for the court also." To this, the Attorney General said that it is embarrassing for him also to seek the adjournment.

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The court then deferred the proceedings, making it clear the government and RBI must submit their affidavits within a week.

On October 12, the court said it is completely mindful of the "Lakshman rekha" in the matters of economic policies as it set about to examine the process. It directed the Centre and the RBI to submit comprehensive affidavits.

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