Discharged in IPL scam: Man seeks exchange of Rs 5.5L old notes

A man, who was discharged along with former Indian cricketer S Sreesanth in the 2013 IPL spot fixing scandal, today moved the Supreme Court seeking a direction to the RBI for allowing him to exchange Rs 5.5 lakh demonetised notes, seized during investigation of the case.

Sreesanth's accomplice Abhishek Shukla was booked by the Delhi Police in the scandal as an alleged bookie and Rs 5.5 lakh in demonetised currency was seized on September 25, 2013 from him. The money was released on February 1 this year.

A bench of Chief Justice J S Khehar and Justices D Y Chandrachud and S K Kaul asked the petitioner to file a seizure memo of Delhi Police which had specified number of Rs 500 and Rs 1000 notes.

Advocate Manjeet Singh Ahluwalia appearing for Shukla said that direction should be issued to Centre and RBI to allow the petitioner deposit the specified bank notes at the office of Reserve Bank of India with the explanation for not depositing the amount during demonetisation period.

In his plea, Shukla also sought direction of court for quashing and setting aside the ordinance of December 30, 2016 claiming it to be contrary to November 8, 2016 notification.

He said he had personally visited the RBI here but the bank had declined to exchange the old notes contrary to the notification of November 8.

"The ordinance dated December 30, 2016 creates class among the classes and is in complete violation of Article 14 of Constitution and also in contravention of Article 21 of Constitution as it provides for criminal actions which regulates the right to life with dignity," it said.

He also sought setting aside the letter of RBI declining the request of the petitioner to issue new currency notes in lieu of the old currency notes, terming it as bad in law.

Shukla said the RBI in its letter of March 7 had declined his request to change the currency notes by citing the reason that it does not have any power to accept specified bank notes for deposit or exchange, except from Indian Citizens who were outside India between November 9-December 30, 2016.

He said when the RBI has given an opportunity to this category of people, "why not the petitioner may be given an opportunity as the entire amount of Rs 5.5 lakh (which) was confiscated by Delhi Police and the said amount was lying in the malkhana without any default on the part of the petitioner.  Even otherwise, it was the responsibility of Delhi Police as the amount was lying in Malkhana".