The Supreme Court on
Tuesday sought to prevail on the Center to open a fresh window for exchange of scrapped Rs 500 and Rs 1,000 notes for people who missed the December 30
deadline, if they could establish that the money was theirs and they had a
genuine reason for not changing it.
The court was a step away from ensuring an exchange opportunity when the Center sought two weeks to respond to the suggestion.
The court was a step away from ensuring an exchange opportunity when the Center sought two weeks to respond to the suggestion.
The
court's previous inquiries had so far failed to move the Centre.
The government, through solicitor general Ranjit Kumar, relied on data about misuse of exchange of old currency provisions to explain its reluctance to heed the court's hints, even though PM Narendra Modi had on November 8 said those with genuine difficulties could expect a window after the year-end deadline.
But the court's argument that genuine cases should not be punished by turning hard-earned money into trash saw the SG seeking time.
The government, through solicitor general Ranjit Kumar, relied on data about misuse of exchange of old currency provisions to explain its reluctance to heed the court's hints, even though PM Narendra Modi had on November 8 said those with genuine difficulties could expect a window after the year-end deadline.
But the court's argument that genuine cases should not be punished by turning hard-earned money into trash saw the SG seeking time.
"It will not be a general window but on a case to case basis. Give me two
weeks, I will take instructions from the government," he said.
Scores of petitions were filed in the SC accusing the government of reneging on the promise and seeking relief to exchange scrapped currency notes.
Scores of petitions were filed in the SC accusing the government of reneging on the promise and seeking relief to exchange scrapped currency notes.
The SC had weeded out a majority of them, terming reasons for failure
to meet the December 31 deadline as "cock and bull story". However,
10 petitions survived the SC's stringent scrutiny and on Tuesday, the court
sought Kumar's response.
When the SG reiterated the Centre's consistent stand, a bench of Chief Justice J S Khehar and Justice D Y Chandrachud said, "It is our duty to caution you.
When the SG reiterated the Centre's consistent stand, a bench of Chief Justice J S Khehar and Justice D Y Chandrachud said, "It is our duty to caution you.
If a person is alone and suffered grave
illness during the November 9 to December 30 period, it becomes absolutely
impossible for him to deposit his old currency notes. If he can prove that it
is his hard earned money and not somebody else's, he would surely require the
window you had promised.
"We ourselves (the bench) have rejected many petitions as we found their reasons not genuine. But those with genuine difficulty must have a chance to convince the authorities.
"We ourselves (the bench) have rejected many petitions as we found their reasons not genuine. But those with genuine difficulty must have a chance to convince the authorities.
If you do not agree to open a
window, then we will say it is open for such persons who can prove genuineness
of their money and difficulty to deposit within December 30 deadline to seek
relief from the government. He should have an opportunity to explain and
replace the old money. You cannot turn his genuine money into trash."
The bench said the
government must sort this out. "We have seen cases where a person has lost
his genuine money for no fault of his. The government cannot trash a person's
genuine money. You (the government) cannot render a person's genuine money go
waste like this," it said.
On March 21, the SC had told the government , "You must understand that these
people are in dire straits. If they cannot establish the genuineness of the
delay in depositing the scrapped currency, they would be liable for
prosecution. The PM's speech as well as the notification that followed immediately
after had promised to provide a window to people in such difficulty. But the
ordinance did not provide any window except for NRIs and those Indians who were
travelling abroad at that time. These people hoped that they will get another
chance but the ordinance issued on the last day of deadline on December 31
suddenly closed that window.
Everyone heard the PM and believed that the PM's
words cannot be taken back."Reporting the last court
proceedings on the petitions on April 11, the TOI had written, "If you are
still left with a good number of scrapped Rs 1,000 and Rs 500 notes having
failed to deposit in banks by December 30 demonetisation deadline, you could
preserve them till July-end hoping to get a small window from the government to
remonetise them."
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