As accusations overawed decorum in the demonetisation hearing, a Supreme Court Bench led by Chief Justice T.S. Thakur urged lawyers to maintain the dignity of the court while assuring all that the judiciary will “certainly” hear both the ground realities and weigh the constitutionality of the November 8 RBI notification.
In a hearing on the demonetisation issue on Friday, the apex court said it will on December 2 comprehensively hear everyone involved on the various questions, including the hardships caused by demonetisation, the transferring of petitions filed in the various High Courts to Delhi, the constitutional validity of the RBI notification, and finally whether the issue should be referred to a Constitution Bench.
In this, the Bench accepted the suggestion of the government that it was better to hear the demonetisation issue in its totality on December 2 rather than in a piecemeal fashion.
Attorney General Mukul Rohatgi submitted that the government’s petition to transfer all demonetisation-related cases from other High Courts to the National Capital is already scheduled for hearing on December 2. “In that case the four separate petitons — listed today for hearing — should also be heard on the same day. This would ensure that the court can take an informed decision after considering all the aspects of the issue,” Mr. Rohatgi said.
Agreeing to this, Justice Thakur said the Bench would keep its calendar clear on December 2 at 2 p.m. for a detailed hearing.
The morning’s hearing began with senior advocate Kapil Sibal, appearing for a petitioner, claiming that “people were starving on the roads.”
“Nobody is starving on the roads,” Mr. Rohatgi said, dismissing the claim. “The markets are closed,” Mr. Sibal retorted.
At this point, advocate Manohar Lal Sharma, who claimed that the new Rs. 2000 bank notes bleed and can be easily faked, wrested the floor from Mr. Sibal, claiming “all the banks are closed.”
“Maximum cash has gone into BJP hands,” Mr. Sharma declared as shouts of protest rose from several of the lawyers in the courtroom.
Then lawyers vied with each other, raising their hands for the court’s attention as pandemonium threatened.
Justice Thakur, who along with Justice D.Y. Chandrachud, maintained silence all through. But the Chief Justice reined in the confusion by issuing a stern warning that the court would adjourn the hearing by another six weeks unless order was restored immediately.
“Everyone is shouting with their hands over the other’s shoulder. This is a courtroom and there is some decorum to be observed here. We will adjourn the case for hearing after the vacation,” Chief Justice Thakur addressed the crowded courtroom.
“There are some really serious issues here, My Lords,” Mr. Sibal interceded.
“If there is a difficulty, you tell us what the problems are,” Chief Justice Thakur addressed the senior lawyer.
“There is a lot of inconvenience. They don’t have the capacity to print the new currency. What are they going to do?” Mr. Sibal stressed.
“If you want us to look into it... We will certainly do... But we will hear all. We cannot hear this issue piecemeal,” Chief Justice Thakur said, refusing Mr. Sibal’s plea to advance the hearing to Tuesday next.
