'We are doing nothing', SC refuses urgent hearing on plea against HC order on exchange of Rs 2K notes

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

A bench comprising Justices Sudhanshu Dhulia and K.V. Viswanathan told advocate Ashwini Upadhyay, appearing-in-person, the court is not taking up these kinds of cases during vacation and "you can always make a mention to the chief (Chief Justice of India)".

Upadhyay submitted that all the kidnappers, gangsters, drug smugglers, etc., are exchanging their money and according to media reports in last one week Rs 50,000 crore have been exchanged and urged the court to grant urgent hearing in the matter. The bench reiterated that he can mention the matter before the chief and "we are doing nothing...bring to the notice of the RBI..."

Upadhyay pressed that money was being exchanged by mining mafias, kidnappers, neither there is a requirement of requisition slip and also no identity proof is required.

"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 ... entire black money will become white," said Upadhyay. The bench allowed Upadhyay to mention the matter after the vacation.

The plea, filed by advocate Ashwini Kumar Upadhyay, said: "Petitioner submits that while passing the Judgment, the High Court has failed to appreciate that the RBI Notification dated 19.5.2023... and the SBI Notification dated 20.5.2023, which permits exchange of Rs 2,000 banknotes without even obtaining any requisition slip and identity proof, is manifestly arbitrary and irrational and therefore violates Articles 14 (right to equality)."

It submitted that the RBI admits in the notification that total value of Rs 2000 banknotes in circulation have declined from Rs 6.73 lakh crore to Rs 3.62 lakh crore.

"Petitioner submits that this Rs 3.11 lakh crore has reached individuals' locker and the rest has otherwise been hoarded by the gangsters, kidnappers, contract killers, illegal arms suppliers, money launderers, drug smugglers, hootch peddlers, human traffickers, gold smugglers, black marketeers, spurious medicine manufacturers, tax evaders, cheaters, looters, separatists, terrorists, Maoists, Naxals, mining mafias, land mafias, satta mafias and corrupt government employees, public servants and politicians," added the plea.

The high court on Monday dismissed a plea challenging the RBI and SBI notifications, that permits exchange of the withdrawn Rs 2,000 notes without any identity proof.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad noted that in order to ensure that there is a smooth transition of Rs 2,000 denomination banknotes, which continue to be a legal tender till September, 2023, i.e., for four months, banks have provided facilities for conversion of these banknotes to other denominations, therefore, the present case is not the case of demonetisation but withdrawal of Rs 2,000 denomination banknotes from circulation.