On Wednesday, the Supreme Court, occupied with petitions challenging the demonetisation exercise by the central government in 2016, wondered whether there was anything left in the issue after all these years and said it was the first investigation into whether the matter has become academic only.
Justice S Abdul Nazeer, presiding over a five-judge Constitution Bench, while hearing petitions challenging the introduction of Rs 500 and Rs 1,000 notes, said, “We first examine the question whether the issue has become academic and Can it be heard at all?“
A bench of Justices BR Gavai, Justice AS Bopanna, Justice V Ramasubramaniam and Justice BV Nagarathna, considering several petitions on the issue, at the outset asked: “Does it survive anymore?”
Counsel for some of the petitioners said that the validity of the government’s decision and the individual claims regarding difficulties should be examined.
Solicitor General Tushar Mehta, appearing for the Centre, said that “for all practical purposes, the issues do not survive” and added that it is ready to assist if the bench wants to consider it for academic purposes.
Justice Gavai asked whether “five judges should spend time on academic issues when a large number of them are pending? Is there time to decide academic issues?”
Mehta agreed that there were other matters relating to citizens’ rights, after which the court said it would examine whether it had become academic before proceeding.
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