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Public Interest Litigations Filed Against Demonetisation Of Rs 500 And Rs 1,000 Notes

PILs question the suddenness of the move and the inconvenience caused to customers.

A customer holds a bundle of Indian rupee banknotes while filling in a deposit form in Mumbai, India. (Photographer: Dhiraj Singh/Bloomberg)  
A customer holds a bundle of Indian rupee banknotes while filling in a deposit form in Mumbai, India. (Photographer: Dhiraj Singh/Bloomberg)  

It's been only a day and the government’s move to scrap notes of Rs 500 and Rs 1000 has already been challenged via two public interest litigations (PILs) filed in the Supreme Court.

The two PILs have been filed by Uttar Pradesh-based lawyer Sangam Lal Pandey and New Delhi-based lawyer Vivek Narayan Sharma.

Pandey has termed this decision as Prime Minister Modi's "Tughlaki Farman" and argues that the move is illegal and arbitrary in law, as such decisions cannot be taken overnight without prior notice.

The petitioner has listed out problems faced by citizens ranging from payment needs at private hospitals to funds needed by farmers for sowing new crops.

"The petitioner has received information from different private hospitals that they are not taking cash amount that includes Rs 500 and Rs 1000 currency notes because of which serious operations are not being done and people are dying," alleges the PIL filed in the apex Court. BloombergQuint could not confirm those claims.

The petitioner further claims that marriage ceremonies that are scheduled between November 9-12 will have to be cancelled in light of this decision.

Along with quashing of the decision announced by the government last evening, the PIL seeks direction to the government to provide adequate time to citizens to prepare for such a move.

Pandey told BloombergQuint that he will be mentioning this case before the apex court on November 10 and will seek an urgent hearing and directions on the same.

Violating RBI Rules?

Sharma's PIL, on the other hand, alleges that government's decision to cancel the tender of Rs 500 and Rs 1000 notes is illegal, as it violates Reserve Bank of India norms.

"Banks are closed for public dealing for 9.11.2016 making it more difficult for the Aam Aadmi to obtain legitimate money for purchase of daily utilities and necessities. That U/s 26(2) of the Reserve Bank India Act,1934 Respondent is required to give reasonable time to people to make alternate financial arrangements to avoid large scale mayhem and chaos," says Sharma in his PIL.

The PIL added that this scheme would translate into large queues at banks and post offices and even ordinary purchases of vegetables and other essentials will become difficult.

In fact, Sharma alleges that RBI has not printed sufficient money to distribute and circulate.

“How would 125 billion citizens of India survive with a meager limit provided in the ambit of said scheme, that too in current scenario, when a small pollution mask come for more than Rs.2000/- and Inflation (Mehngai) is at its all-time peak?” questions Sharma's PIL.