SC dismisses plea challenging exchange of ₹2K notes without ID proof, cites ‘executive policy decision’
₹2,000 currency notes without any requisition slip and ID proof. The apex court cited ‘executive policy decision’ in refusing to entertain the PIL filed by lawyer Ashwini Upadhyay. “Allowing exchange of ₹2000 currency notes is matter of executive policy decision" the court said. Upadhyay had said the ₹2,000 banknotes are being exchanged without any requisition slip and ID proof like an Aadhaar card by criminals and terrorists also.
A bench of Chief Justice D Y Chandrachud and Justice P S Narasimha dismissed the appeal filed by lawyer Ashwini Updhyay in his personal capacity. “This is the matter of executive policy decision," the bench said while dismissing the appeal. On 29 May, the Delhi High Court dismissed the PIL challenging the notifications enabling the exchange of ₹2,000 denomination currency notes without any requisition slip and ID proof.
The high court had said the decision was taken to avoid inconvenience to citizens, and that it cannot sit as an appellate authority on a policy decision. The high court had maintained it cannot be said that the government's decision is perverse or arbitrary or it encourages black money, money laundering, profiteering or abets corruption. The appeal was filed against the decision.
RBI Governor Shaktikanta Das had reiterated that ₹2000 notes will continue to be a legal lender, after the Central Bank's announcement that the notes will be withdrawn from circulation. ₹2000 denomination banknote was introduced in November 2016, following the demonetisation. The RBI had instructed members of the public to deposit or exchange their ₹2000 notes in banks between 23 May to 30 September.
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