While there are many people who are praising Modiji for this ban and calling it the right action against black money, there are even some who aren’t ready to accept it. Many people are of the opinion that this announcement was very sudden and the government should have given some time to citizens to prepare for this ban.
Well, this dissatisfaction has taken a legal turn. 2 senior advocates have challenged this decision of the Union Government in the high court. Yes, advocate Jabbar Singh and Advocate Jamshed Mistry moved to the vacation bench of High Court yesterday and made some strong arguments.
They were of the opinion that this move was taken in a hurry and great inconvenience was caused to the public. Justice MS Karnik, the one who presided this bench now directed them to file their plea before the regular bench. Justice Karnik said that this was necessary since several questions of law were involved.
Singh and Mistry cited RBI’s notification (The 2nd November one) which was sent to Nationalised banks. In this, RBI had clearly mentioned that
“As part of a ‘pilot project’, all banks must ensure that ‘within the next 15 days’, at least 10% of their authorised ATM machines should dispense currency notes of Rs 100 denomination.”
Now, Mistry argued that it was clear in the notification that it was on “Pilot basis”, so why did the government rush so much. He further added that as per law, government first has to come out with an ordinance and an Act and then apply this decision.
Then he quoted the emergency period of 1978, wherein an ordinance and High Denomination Bank Notes Act, 1978 were passed before demonetizing. Mistry said
“Merely giving four hours notice is no notice at all and that one’s right to life and right to occupation/conduct business were severely affected”.
All points made by him are valid! What do you think would be the decision of the court? Do share your views in our comments section below.
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