SC refuses urgent hearing on plea against HC order on exchange of Rs 2,000 banknotes

Upadhyay, the petitioner, pressed that money is being exchanged by mining mafias and kidnappers since there is no requirement of a requisition slip and identity proof

The Supreme Court on Thursday declined to grant an urgent hearing on a plea against the Delhi High Court's May 29 judgement allowing exchange of Rs 2,000 currency notes without any identification slip.

A bench of Justices Sudhanshu Dhulia and K V Viswanathan told advocate Ashwini Upadhyay, appearing-in-person, that the court is not taking up these kinds of cases during summer vacation.

"You can always make a mention to the Chief Justice of India after the vacations,” the bench said.

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Upadhyay submitted that all the kidnappers, gangsters, drug smugglers etc are exchanging their money.

He cited media reports to claim Rs 50,000 crores have been exchanged in last one week.

He urged the court to grant urgent hearing in the matter.

The bench, however, reiterated that he can mention the matter after vacations before the Chief Justice of India.

"We are doing nothing….bring to the notice of the RBI,” the bench said.

Upadhyay pressed that money is being exchanged by mining mafias and kidnappers since there is no requirement of a requisition slip and identity proof.

“This is happening for the first time in the world. I filed a writ in the Delhi High Court and the high court disposed of the matter without issuing notice. This is happening for the first time in the world as the entire black money will become white," he pleaded.

The bench, however, remained unimpressed.

Upadhyay, who filed the PIL, contended that the High Court has failed to appreciate that the RBI and SBI's notifications issued on May 19 and 20, respectively, gave an opportunity to legalise illegal money, and therefore was manifestly arbitrary, irrational, and violative of the fundamental right to equality.

The High Court had on Monday dismissed the PIL, saying 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.

In his special leave petition, the petitioner said the High Court had failed to appreciate that the RBI admits in the notification that total value of the Rs 2000 banknotes in circulation have declined from Rs 6.73 lakh crore to 3.62 lakh crore.

Read | Most of Rs 2000 note to come back by Sept-end: RBI Governor

"It means 3.11 lakh crore has reached individuals locker and the rest has otherwise been hoarded," he said.

The petitioner also claimed that the notifications were contrary to the aims and objects of the Prevention of Corruption Act, Benami Transactions Act, Money Laundering Act, Lokpal Act, CVC Act, Fugitive Economic Offenders Act, and the Black Money Act.

He also stated that around 30 crore families had 130 crore Aadhaar Cards. Similarly, there are 225 crore bank accounts, including 48 crore Jana Dhan accounts. "Therefore, granting the permission to exchange Rs 2000 banknotes without depositing them in the bank account or even without obtaining any form of slip and identity proof is manifestly arbitrary, irrational and thus violates Article 14," the plea said.