Delhi High Court Refuses To Entertain PIL To Restrict Cash Transactions On E-Commerce Platforms Like Amazon, Flipkart

The Delhi High Court recently refused to entertain a public interest litigation to restrict cash transaction of goods, products and services purchased through online shopping platforms like Amazon and Flipkart.

The petitioner, Advocate and BJP leader Ashwani Kumar Upadhyay, sought to withdraw the PIL after a division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula expressed the inclination of dismissing the plea.

As the bench was about to reserve the order on merits, Upadhyay prayed for withdrawal of the petition, with the liberty to take recourse to other remedies available under law.

“Dismissed as withdrawn, with liberty as aforesaid,” the court said in an order passed on August 01.

During the hearing, Justice Narula also said that he will impose costs on Upadhyay for filing the petition.

In May, the court had sought the stand of the Union Government and Delhi Government in the matter. However, no notice was issued in the plea.

The plea sought direction for steps to “reduce corruption.” A direction was also sought for restricting cash transaction of air ticket, rail ticket, electricity bill and other bills of Rs. 10,000 and above.

Upadhyay in the plea submitted that the prayers in the PIL are a “practical solution” to control corruption, black money generation, money laundering, benami transactions and disproportionate assets.

“Similarly, no district is free from the clutches of mafias' viz. land mafia, drug-liquor mafia, mining mafia, transfer-posting mafia, betting mafia tender mafia· hawala mafia illegal immigration mafia conversion mafia, superstition-black magic mafia and white-collar political mafia, dividing society on the basis of religion, race, caste, sex and place of birth,” the plea said.

It added that it is the government’s duty to examine good practices of other countries who are ranked among top 20 in the Corruption Perception Index, and implement them for giving a strong message that it is determined to fight against the menace of corruption and black money.

“Moreover, India cannot move forward without dean-transparent governance for which corruption free society is a basic requirement and that is impossible without recalling currency above Rs.100,restricting cash transactions above Rs.10,000 linking assets. above Rs. 50,000, with AADHAAR and confiscating cent percent black money, disproportionate assets and benami property and giving rigorous life imprisonment to looters,” the plea read.

Title: ASHWINI KUMAR UPADHYAY v. UNION OF INDIA & OTHERS

Citation: 2023 LiveLaw (Del) 646

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