As random accusations of “maximum cash has gone into BJP hands” and “people are starving on the roads” overawed decorum in the demonetisation hearing, a Supreme Court Bench led by Chief Justice of India TS Thakur urged lawyers to maintain the dignity of the court while assuring that the judiciary will “certainly” hear both the ground realities and weigh the constitutionality of the demonetisation move.
The apex court said on Friday it will comprehensively hear on December 2 arguments on questions raised in the issue — the hardships caused by demonetisation, the transfer of petitions filed in the High Courts to Delhi, whether these petitions should be heard by the Delhi High Court or the Supreme Court itself, the constitutional validity of the RBI notification, and finally, whether the issue should be referred to a Constitution Bench.
In this, the Bench accepted the suggestion of the government that it is better to hear the demonetisation issue in its totality on December 2 rather than in a piecemeal fashion.
Attorney-General Mukul Rohatgi submitted that the government’s petition to transfer all demonetisation-related cases from other High Courts to the National Capital was already scheduled for hearing on December 2. In that case the four separate petitions —listed today for hearing — should also be heard on the same day. This would ensure that the court takes an informed decision after considering all the aspects of the issue, Rohatgi said.
The morning’s hearing began with senior advocate Kapil Sibal, appearing for a petitioner, claiming that “people were starving on the roads”. “Nobody is starving on the roads,” Rohatgi dismissed the claim peremptorily.
“The markets are closed,” Sibal shot another barb at the demonetisation scheme to weed out black money. At this point, advocate Manohar Lal Sharma, who claims that the new ₹2,000 bank notes bleed easily and can be faked, wrested the floor from Sibal, claiming “all the banks are closed”.
“Maximum cash has gone into BJP hands,” Sharma declared as shouts of protest erupted inside the court. Then lawyers vied with each other, raising their hands for the court’s attention as pandemonium threatened.
Chief Justice Thakur, who along with Justice DY Chandrachud, had maintained silence all through, reined in the confusion by issuing a stern warning that the court would adjourn the hearing by another six weeks unless order was restored immediately.
“Everyone is shouting with their hands over the other”s shoulder. This is a courtroom and there is some decorum to be observed here. We will adjourn the case for hearing after the vacation,” he told the crowded courtroom.
“There are some really serious issues here, My Lords,” Sibal interceded.
“If there is a difficulty, you tell us what the problems are,” Thakur addressed the senior lawyer.
“There is a lot of inconvenience. They don’t have the capacity to print the new currency... what are they going to do?” Sibal stressed.
“If you want us to look into it... We will certainly do... But we will hear all. We cannot hear this issue piecemeal,” Thakur said, refusing Sibal’s plea to advance the hearing to Tuesday next.