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Friday, 25 November 2016

SC to hear all pleas against demonetisation on Dec 2



New Delhi, Nov 25 (PTI) In a breather to the Centre, the Supreme Court today agreed to hear on Decemeber 2 the pleas, including those pending in various High Courts, challenging the constitutional validity of its decision to demonetise currency notes of Rs 1,000 and Rs 500 and the inconvenience faced by common people due to it.

The bench headed by Chief Justice T S Thakur did not accept the submission of a battery of lawyers led by Kapil Sibal that the hearing of the petitions, pending in the apex court against demonetisation, be started on November 29 instead of December 2.

"The issues are entirely different here from those (petitions pending in HCs)," Sibal said, adding that the constitutional validity of the demonetisation notification has been challenged besides the issue of hardships faced by common people, farmers and traders.

Attorney General Mukul Rohatgi, appearing for the Centre, said besides the matters pending in the apex court, there are as many as 24 petitions, as of now, in various High Courts and let there be a common hearing on December 2 when it can be decided whether this court or the Delhi High Court would take them up.

He also referred to the scheduled hearing on December 2 when the issue of transferring the HC cases either to the apex court or to one of the High Courts would come up.

"We will examine both the aspects (of inconvenience and constitutional validity of notification). Come on Friday at 2.00 pm," the bench, also comprising Justice D Y Chandrachud, said and asked the Centre to file an additional affidavit, if any, explaining the "schemes and steps" taken to ease the situation that has arisen due to demonetisation.

As soon as the hearing began, many advocates started arguing simultaneously attempting to highlight issues raised in their respective PILs.

Irked over the commotion, the court said, "Let there be some order in the courtroom. All of you are speaking at one time. We will then adjourn the hearing by six weeks." 

The bench then asked the lawyers appearing for petitioners to decide among themselves as to who will address the court.

Senior advocate Sanjay Hegde, appearing for the CPM which has filed the plea on the issue, said Sibal will lead them and he would only "supplement".

Meanwhile, the Delhi High Court, has made clear that it will not go into the correctness of demonetisation policy as the apex court is already seized of it.

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