The Kerala High Court on Tuesday initiated a suo motu case for exchanging and disposal of demonetised currency of ₹500 and ₹1,000 with the subordinate courts in connection with cases that are either under investigation or at the trial stage.
The case was adjourned to January 25 for further hearing.
The proceedings were initiated on the basis of a report filed by the High Court Registrar (Subordinate Judiciary).
When the issue relating to the demonetised currency notes involved in cases came up, the Chief Justice had directed the subordinate courts to pass appropriate orders on the disposal of such currency after hearing the prosecution.
Details
The subordinate judges were also directed to prepare details of the currency to be retained, including the number of demonetised notes, case number, and the total number etc.
They should forward it to the district judges concerned, who should forward a consolidated statement of all courts in their respective district to the High Court.
Clarification sought
The subordinate courts also sought clarification about the disposal of the demonetised currency kept in the courts in connection with cases in which appeals are pending before the High Court and also about the invalid currency retained in some of the magistrate courts in various cases to be committed to the sessions court.
In fact, in response to the clarifications sought by the office of the High Court Registrar, the Assistant General Manager, Reserve Bank of India, without giving any undertaking, had advised the office to be guided by the directives of the Madurai Bench of the Madras High Court.
Exchange
The Madurai Bench of the Madras HC, while passing orders in a suo motu case, had directed that the currency notes returned to the parties concerned on orders of the court shall be exchanged by any nationalised bank.
The Madurai Bench of the Madras HC had made it clear that its order shall not be applicable to demonetised currency notes produced before the courts on or after November 9, 2016.
Number of notes
The subordinate courts were also directed to mention in its order the numbers of the demonetised notes returned.
The State government was allowed to tender the confiscated demonetised notes in nationalised banks and exchange it.
