Note ban issue: ‘Embarrassing’, says SC after Centre seeks more time to file affidavit; hearing defers to Nov 2024

• Senior advocate P Chidambaram, appearing for one of the parties, said this is an embarrassing situation
• The challenge is being heard by a Constitution Bench six years after a circular was passed on November 8, 2016, effectively rendering invalid 86% of India’s legal tender
•  Six years ago, Modi suddenly appeared on TV to announce demonetisation of old Rs 1,000 and Rs 500 banknotes

The Supreme Court on Wednesday deferred to November 24 the hearing on pleas challenging the domestication move after the Centre sought more time for the filing of an affidavit in response.

Attorney-General for India R. Venkataramani sought more time for the filing of a comprehensive affidavit in response to the batch to the batch of petitions assailing the Narendra Modi government’s decision to outlaw high-value banknote demonetization 2016, according to Live Law.

The Attorney-General, however, requested the Bench to grant him another week to finalise the affidavit, all the while profusely apologizing for the delay. He said – “We could not get the affidavit ready. We require a very short indulgence of about a week’s time. The affidavit will be useful for all of us to proceed in some structured way. Otherwise, the course of action may be unnavigated. I will present it by Wednesday or Thursday…I am deeply sorry.”

Six years ago, Modi suddenly appeared on TV to announce demonetisation of old Rs 1,000 and Rs 500 banknotes, leading to chaos across the country. The government cited many reasons, including curb on black money, check on terrorism, illegal activities etc, behind banning the notes. Once, the PM also said that the move will promote digital payments.

The challenge is being heard by a Constitution Bench six years after a circular was passed on November 8, 2016, effectively rendering invalid 86% of India’s legal tender. Venkataramani apologised to the bench also comprising Justices B R Gavai, A S Bopanna, V Ramasubramanian, and B V Nagarathna, for not being able to prepare the comprehensive affidavit and sought a week’s time,.

Senior advocate Shyam Divan, representing petitioner Vivek Narayan Sharma, said this is highly unusual to ask a Constitution Bench for adjournment.

Senior advocate P Chidambaram, appearing for one of the parties, said this is an embarrassing situation, according to PTI.

Justice Nagarathna observed that normally the Constitution Bench does not rise like this and this is very embarrassing. The top court granted one week time to the Centre to file an affidavit.

The bench was hearing a batch of 58 petitions challenging the Centre’s November 8, 2016 decision to demonetise the currency notes.

A bench headed by then Chief Justice TS Thakur on December 16 six years ago had referred the question of the validity of the decision and other related matters to a larger bench of five judges for an authoritative pronouncement.