Aastha Thakur
Published on: 28th September, 2022 at 21:56 IST
The Supreme Court set a date for October 12 and stated on Wednesday that it will first determine if the petitions against demonetization have become academic.
A Constitution Bench made up of Justices S. Abdul Nazeer, B.R. Gavai, A.S. Bopanna, V. Ramasubramanian, and B.V. Nagarathna was debating 58 petitions that contested the central government’s decision to demonetize the Rs. 500 and 100 notes.
Justice Nazeer questioned that “Does this survive any more?”
A lawyer retorted that the High Courts were not permitted to consider cases pertaining to the problem because the Supreme Court had identified various difficulties and sent them to the Constitution Bench in 2016.
Further Justice Gavai reiterated the question,“The question is whether anything survives”,
A another counsel said that there are two issues: the legitimacy of the government decision, and individual claims of hardship.
The SG Tushar Mehta while submitting states that the issues aren’t practical in nature. However, still if bench is considering it, they are willing to assist the court.
Justice Gavai enquired that, “Five judges should spend time on academic issues when there is large pendency? Is there time for deciding academic issues?”
On which the SG asserted in affirmative stating there are other matters involving rights of citizens.
Justice Nazeer said that the matters will be fixed on October 12.
He further said that, “The first question we examine is whether the issue has become academic and if it can be heard at all”