Has Challenge To Demonetisation Become Academic? Does Issue Survive? Supreme Court Asks

The Supreme Court on Wednesday said that it will first examine whether the petitions challenging demonetisation have become academic and posted the matter to October 12.

A Constitution Bench comprising Justices S Abdul Nazeer, BR Gavai, AS Bopanna, V Ramasubramanian and BV Nagarathna was considering 58 petitions which challenge the decision taken by the Central Government to demonetise the currency notes of Rupees 500 and 1000.

"Does this survive any more?", Justice Nazeer asked at the outset.

A counsel replied that several issues were identified and referred to the Constitution Bench by the Supreme Court in 2016 and that the High Courts were barred from hearing petitions relating to the issue.

"The question is whether anything survives", Justice Gavai asked.

Another counsel replied that there are two aspects - one the validity of the Government decision, two, the individual claims relating to hardships.

"For all practical purposes, the issues do not survive. For academic purposes, if the bench wants to consider, we can assist", Solicitor General of India Tushar  Mehta submitted.

"Five judges should spend time on academic issues when there is large pendency?Is there time for deciding academic issues?", Justice Gavai asked.

"Yes there are other matters involving rights of citizens", SG replied.

Justice Nazeer said that the matters will be fixed on October 12. "The first question we examine is whether the issue has become academic and if it can be heard at all", Justice Nazeer said.