HC dismisses plea against Rs 2.5L withdrawal cap
"The writ petition is dismissed," a bench of Chief Justice G Rohini and Justice Sangita Dhingra Sehgal said on the plea which had also termed as "arbitrary" the guidelines which seek detailed list of persons to whom the cash withdrawn will be paid for marriage and declaration from them that they do not have a bank account.
The high court had on November 28 reserved its verdict on the plea saying, government has given "relaxation" wherever necessary on the demonetisation issue.
Earlier, the Centre had opposed the plea saying the government has already given certain exemptions but some conditions were needed so that nobody can misuse it.
"We cannot have an unmeasured and uncanalised situation.
We have given exemptions. For weddings, if we will not put conditions, anybody can get a marriage card printed and go to the bank to withdraw Rs 2.5 lakh," Additional Solicitor General Sanjay Jain, appearing for Centre, had told the bench.
In his plea, petitioner Birender Sangwan had said the cap of Rs 2.5 lakh withdrawal for marriages should be relaxed as there were various "customary donations" which one gives during the wedding ceremony.
"Liberty must be given for marriages so that one can pay as per the customs. How can somebody give such an undertaking? As per the guidelines, even the priest who performs marriages has to give undertaking of not having a bank account. The parents of the bride and groom should be allowed to withdraw money from their accounts without such arbitrary conditions," it had said.
The petitioner's counsel had also told the bench that some kind of liberty should be given to the parents of the bride and the groom to withdraw money as per their requirements and the Rs 2.5 lakh cap should be relaxed.
The Supreme Court is also hearing a batch of petitions against the demonetisation move announced on November 8. It is hearing the Centre's plea seeking transfer of all petitions pending before various courts across the country to either the apex court or one high court. The hearing is scheduled on December 2.
Last week, the Delhi High Court had made it clear that it will not go into the correctness of the demonetisation policy as the apex court is already seized of it. The observation had come while the high court was hearing a plea against the weekly withdrawal cap of Rs 24,000.
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