Comments on Twitter: @bhim_e The honorable SC is supposed to hear arguments and give its conclusion by giving reasons. If the SC simply ignors the unfavorable arguments what is the whole purpose of putting the arguments before the court?
@a_n_k_u_r My theory is that the government planned for that one dissent so that a fig leaf of judicial independence is maintained. Otherwise a completely unanimous opinion would make the manipulation too blatant :)
@neetishikha Though I believe that decision of RBI and CG cannot be questioned. Had it been RBI expressing its disagreement would have been diff. What do you think?
@OfficialSauravD There were at least 4 occasions when Sr. Adv P Chidambaram raised this issue of withholding crucial documents before the 5 Judge constitutional bench headed by Justice Abdul Nazeer. The 4 documents in question were- 1. November 7 letter from the Union Government to the RBI. 2. Agenda note placed before the Central Board of the RBI. 3. The minutes of the Central Board meeting and their recommendations (most imp). 4. Actual Cabinet decision on November 8.
What did the Supreme Court say to this? The first day of hearing- OCT 12. Despite Centre’s objection saying “if and when necessary” we’ll produce the docs, Justice Nazeer asked the govt to produce them. .But note- the Bench did not put this specifically in writing in its Oct 12 order. Only an oral order. On Nov 09, d second day of hearing, case was adjourned as the centre failed to file a “comprehensive affidavit” as was ordered to be filed. On Nov 24, PC again raised this issue pointing out that these documents were not produced.
Nothing in written was ordered by the SC Bench. Similarly, no written order was issued on Nov 25 hearing as well. The Centre & RBI continued to withhold the documents. On Dec 05, this issue again came up before the SC bench when RBI was making its arguments. “Why do they not show them to you?”, PC asked the Bench.
Interestingly, when PC asked this question to the bench, Justice Gavai asked RBI a pointed question about the quorum of the Central Board meeting. “There should be no difficulty in telling us who were present at the meeting”, the Judge said.
https://www.livelaw.in/top-stories/we-gave-the-recommendation-for-demonetisation-all-procedures-followed-rbi-tells-supreme-court-215870
RBI’s counsel said “There is no difficulty at all. I will put it on a piece of paper and give it to you”. But what was pressed for were the original documents, not a “piece of paper”. The Judge or the Bench didn’t press for it. The Bench didn’t note anything in written either. Similarly, nothing on Dec 06, 2022 written order as well. Finally, on d last day of hearing- Dec 07, 2022, the Supreme Court reserved its judgement & this time in writing asked the Centre & RBI to produce the “relevant records”.
By letting the Centre and RBI evade accountability by not compelling them to produce the documents in question, the Supreme Court denied an opportunity to the counsels to rely on these facts during the hearing. The RBI’s objections completely discredited the DeMo move.
Further, by agreeing to accept these documents in a sealed cover on the last day of hearing, the Supreme Court Bench ensured these documents never come out in public domain (except whatever details they may refer to in their judgement).
Further, by agreeing to accept these documents in a sealed cover on the last day of hearing, the Supreme Court Bench ensured these documents never come out in public domain (except whatever details they may refer to in their judgement).
Further, there is no guarantee these documents will even be produced as no more hearings are to be held. Since d written order notes “relevant records”, what are “relevant or irrelevant” is left to the Centre/RBI to decide and produce. This, despite petitioner pointing out 4 docs
On Dec 05, SC said “Just because it is an economic decision, does not mean we will fold our hands and sit. We can always examine the manner in which the decision was taken” (Justice Nagarathna).
What one then fails to understand is how crucial docs that show d actual decision-making process was allowed to b withheld & not relied upon during d entire hearing by d Bench! If they were brought on record, Bench would’ve had 2 address it in open court. A disaster for Modi govt
@CRamanaKumar
The fine art of taking citizens for a ride & ensuring the judiciary does a perfunctory job of going through the motions & NOT providing any sense of justice - any constitutional body that takes to task the shenanigans of the Sanghi mafia would itself be taken to task! #NewIndia
@ramachandra_vr
Looks like you have no hopes and preparing grounds for criticising the SC judgement once it is pronounced. In case it is in your favour, all these will vanish!
No need to credit PC so much! How many papers he has produced of the money he & his son looted?