Delhi High Court dismisses PIL against exchange of Rs 2,000 notes without ID proof

Banknotes of Rs 2,000 would continue to be a legal tender and this policy is only for exchange of banknotes, the court noted

The Delhi High Court on Monday dismissed a PIL against the notifications issued by the RBI and the SBI on May 19 and 20 respectively to allow exchange of Rs 2000 currency notes without any identification slip.

The court said this is a purely policy decision related to withdrawal of banknotes and it cannot be said to be perverse or arbitrary or that it encourages black money, money laundering, profiteering or corruption.

A bench of Chief Justice Subash Chandra Sharma and Justice Subramonium Prasad said six years after introducing Rs 2,000 currency notes, the government has now decided to withdraw it from circulation as it is not being used commonly.

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Banknotes of Rs 2,000 would continue to be a legal tender and this policy is only for exchange of banknotes, it noted, also recording the RBI's submission that stated that the decision is withdrawal of the currency note and it can't be seen as demonetisation.

"The government has taken a decision not to insist upon requirement of identity proof for exchange of Rs 2,000 denominations banknotes so that everybody can exchange the same with the other denomination banknotes. Therefore, it cannot be said that the decision of the government is perverse or arbitrary or it encourages black money, money laundering, profiteering or it abets corruption," the court said.

The bench also said this decision of the government is purely a policy decision and courts should not sit as an appellate authority over the decision taken by the government.

The court rejected the plea by advocate Ashwini Kumar Upadhyay as devoid of merits.

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The petitioner contended allowing exchange of notes any requisition slip and identity proof, is arbitrary and violative of Article 14 of the Constitution.

He claimed Rs 3.62 lakh crores of Rs 2000 banknotes in circulation is primarily black money, hoarded by separatists, terrorists, Maoists, drug smugglers, mining mafias, and corrupt people.

He said despite the facts that 130 crores people have Aadhar Card and a total 225 crore of bank accounts, not to insist for identification slip for exchange would promote corruption.