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Synopsis

The Delhi High Court on Wednesday 'refused' to entertain a Public Interest Litigation (PIL) seeking direction to the Centre and State to restrict cash transactions of the goods, products, and services, purchased through online shopping platforms like Amazon Flipkart, etc.

The division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula said, "After arguing at length, learned counsel for Petitioner, prays for withdrawal of the present petition with liberty to take recourse to other remedies, as are available under law".

"Dismissed as withdrawn, with liberty as aforesaid", the bench ordered.

Advocate Ashwini Kumar Upadhyay appeared in person, Additional Solicitor General (ASG) Chetan Sharma appeared for the Union of India and Additional Standing Counsel (ASC) Santosh Kumar Tripathi appeared for the Delhi Government.

Notably, in May the High Court had directed the Union Government and the Delhi Government to file their respective responses in the PIL.

The PIL filed by Advocate Ashwini Kumar Upadhyay also sought direction to restrict cash transactions of air tickets, rail tickets, electricity bills, LPG bills, CNG bills, Municipality bills, and other such bills of Rs. 10,000 and above.

"This will create a corruption-free society as limited cash will be available with individuals and bring exceedingly optimistic unstressed transparent sea-changes in tax collection, revenue generation of both Central and State governments", his plea stated.

“Presently, 130 Crore Indians have Aadhaar Card and so Crore Indians have Bank Account/Debit Card. Similarly, around 25 Crore Indians use UPI, Paytm, Google Pay, Phone Pay, WhatsApp Pay, and Credit Card, etc… 80 Crore Indians receive free grains means they are under the BPL Category so naturally they don't buy goods and services worth Rs. 10,000/- and above frequently”, the plea further stated.

Upadhyay through the present PIL stated that it is a practical solution to control corruption, black money generation, money laundering, benami transactions, and disproportionate assets. "Corruption will be abated from the society as a whole", he argued.

“Corruption, black money generation, and benami transaction have devastating effects on equality, justice, liberty, fraternity, the dignity of the individual, unity and national integration and fundamental rights guaranteed under Articles 14, 19 and 21”, the plea added.

It stated that even after 73 years of being a sovereign socialist secular democratic republic and 75 years of independence, none of the districts are free from bribery, black money, benami transactions, or disproportionate asset tax evasion, etc.

“India cannot move forward without dean-transparent governance for which a corruption-free society is a basic requirement and that is impossible without recalling currency above Rs.100/ -, restricting cash transactions above Rs. 10,000/-, linking assets. above 50,000/- with Aadhaar and confiscating cent percent black money, disproportionate assets, and benami property and giving rigorous life imprisonment to looters”, the plea read.

The plea stated that the day higher denomination currency above Rs. 100 will be recalled and cash transactions above Rs. 10,000 will be prohibited and the country will have a digital address for monetary transactions; bribing, money laundering, etc, will be checked to a great extent.

Upadhyay sought directions to the Centre and the State to take appropriate steps to restrict cash transactions of all industrial and domestic goods, products, and services of the maximum retail price of Rs. 10,000 and above. Furthermore, the plea sought directions to reduce corruption in order to secure the right to dignity, the right to justice, and other fundamental rights guaranteed under the Constitution of India.

Case Title: Ashwini Kumar Upadhyay v. Union of India & Others