BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
S.NAGAMUTHU AND M.V.MURALIDARAN, JJ.
M.Seeni Ahamed - Petitioner
Vs.
The Union of India, represented by its Secretary, Ministry of Finance, Department of Economic Affairs - Respondent
W.P.(MD).No.21634 of 2016 and W.M.P.(MD)Nos.15454 to 15456 of 2016
Decided on : 10-11-2016
Reserve Bank of India Act, 1934 - Section 26 - Banking Regulation Act, 1949 - Notification – Demonetization - Black money - Fake currency notes - Government of India, Ministry of Finance, Department of Economic Affairs - Honble Prime Minister of India, while addressing Nation on night announced decision of Government of India, to demonetize existing Rupees 500 and 1000 currency notes, which are in circulation in Country - Also highlighted that said measure is an attempt to tackle black money in economy, to lower cash circulation, which is directly related to corruption in our Country, to eliminate fake currency and dodgy funds, which have been used by terror groups to fund terrorism in India - Honble Prime Minister further clarified that it is a move estimated to scoop out more than Rs.5 Lakhs Crore black money from economy - Honble Prime Minister further assured Nation that said action taken would not in any manner affect common man and people who have earned money, by honest means - Whereas, Central Board of Directors of Reserve Bank of India has recommended that bank notes of denominations of existing series of value of five hundred rupees and one thousand rupees shall be ceased to be legal tender - Held, It is not as though Government was not aware of these possible inconvenience or hardship to common man and poor people of this Country - His Excellency, President of India, who himself is a great Scholar, Economist and has held portfolio of Finance for a considerable time, has issued a Press Note wherein, His Excellency has welcomed said action taken by Central Government, which, according to him, will help to unearth unaccounted money as well as counterfeit currency-His Excellency has called upon the people not to panic and to follow Government guidelines for exchange of 1000 and 500 rupee notes available with them – Court the people of this Country, be hopeful that this measure would speed up growth of economy of Country and it would free Country from corruption, black money, terrorism and other evils - Thus, court do not find any merit at all in this Writ Petition - Writ Petition dismissed.
S.NAGAMUTHU, J.
The Hon'ble Prime Minister of India, while addressing the Nation on the night of 08.11.2016, announced the decision of the Government of India, to demonetize the existing Rupees 500 and 1000 currency notes, which are in circulation in the Country. The Hon'ble Prime Minister also highlighted that the said measure is an attempt to tackle black money in the economy, to lower the cash circulation, which is directly related to corruption in our Country, to eliminate fake currency and dodgy funds, which have been used by terror groups to fund terrorism in India. The Hon'ble Prime Minister further clarified that it is a move estimated to scoop out more than Rs.5 Lakhs Crore black money from the economy. The Hon'ble Prime Minister further assured the Nation that the said action taken would not in any manner affect the common man and the people who have earned money, by honest means.
2.1. On the same day, as announced by the Hon'ble Prime Minister of India, the Government of India, Ministry of Finance, Department of Economic Affairs, issued a Notification in S.O.3407(E), which reads as follows:
"Whereas, the Central Board of Directors of the Reserve Bank of India (hereinafter referred to as the Board) has recommended that bank notes of denominations of the existing series of the value of five hundred rupees and one thousand rupees (hereinafter referred to as specified bank notes) shall be ceased to be legal tender;
And whereas, it has been found that fake currency notes of the specified bank notes have been largely in circulation and it has been found to be difficult to easily identify genuine bank notes from the fake ones and that the use of fake currency notes is causing adverse effect to the economy of the country;
And whereas, it has been found that high denomination bank notes are used for storage of unaccounted wealth as has been evident from the large cash recoveries made by law enforcement agencies;
And whereas, it has also been found that fake currency is being used for financing subversive activities such as drug trafficking and terrorism, causing damage to the economy and security of the country and the Central Government after due consideration has decided to implement the recommendations of the Board;
Now, therefore, in exercise of the powers conferred by sub-section (2) of section 26 of the Reserve Bank of India Act, 1934 (2 of 1934) (hereinafter referred to as the said Act), the Central Government hereby declares that the specified bank notes shall cease to be legal tender with effect from the 9th November, 2016 to the extent specified below, namely:-
1.(1) Every banking company defined under the Banking Regulation Act, 1949 (10 of 1949) and every Government Treasury shall complete and forward a return showing the details of specified bank notes held by it at the close of business as on the 8th November, 2016, not later than 13:00 hours on the 10th November, 2016 to the designated Regional Office of the Reserve Bank of India (hereinafter referred to as the Reserve Bank) in the format specified by it.
(2) Immediately after forwarding the return referred to in sub-paragraph (1), the specified bank notes shall be remitted to the linked or nearest currency chest, or the branch or office of the Reserve Bank, for credit to their accounts.
2. The specified bank notes held by a person other than a banking company referred to in sub-paragraph (1) of paragraph 1 or Government Treasury may be exchanged at any Issue Office of the Reserve Bank or any branch of public sector banks, private sector banks, foreign banks, Regional Rural Banks, Urban Cooperative Banks and State Cooperative Banks for a period upto and including the 30th December, 2016, subject to the following conditions, namely:-
(i) the specified bank notes of aggregate value of Rs.4,000/- or below may be exchanged for any denomination of bank notes having legal tender character, with a requisition slip in the format specified by the Reserve Bank and proof of
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