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A bench comprising Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud said the Constitution Bench would also deal with the individual plea of those who could not deposit their currency notes during the window period provided by the Reserve Bank of India (RBI).
Some petitioners claim that they have not challenged the constitutional validity of either certain provisions of the RBI Act and Centre’s November 8, 2016, notification, rather they want to deposit their demonetised currency notes.
“Our hard-earned money has been confiscated without due process of law and without granting fair opportunity,” lawyer Pranav Sachdeva, appearing for one of the petitioners said adding the Constitution bench be constituted as expeditiously as possible.
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The apex court had on December 16, last year referred to a Constitution Bench, the issue of the validity of government’s decision to demonetise currency notes of Rs 1,000 and Rs 500. While holding that the challenge to November 8 notification was in the arena of “public importance” as complaints of inconvenience have been brought, it said there was a need for a direction for referring it to a larger bench for “authoritative pronouncement by five judges”.