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Demonetizing Rs 500 and Rs 1,000 Currency Notes did not violate Fundamental Rights of People, Centre tells Supreme Court

It has only imposed reasonable restrictions in pursuance to its objective of eliminating black money and counterfeit currency, claims govt

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New Delhi, Dec 2, 2016: The central government on Thursday said that its decision to demonetize Rs 500 and Rs 1,000 currency notes did not violate the fundamental rights of the people as it has only imposed “reasonable restrictions” in pursuance to its objective of eliminating black money and counterfeit currency.

“The respondents (Centre’s) act of cancelling legal tender character of existing series of Rs 500 and Rs 1m000 bank notes is only a reasonable restriction and regulatory in nature. Merely because there is restriction on the public to use the old high denomination notes, the regulation cannot be held to be illegal or unreasonable restriction as there is no infringement of fundamental rights for the citizens,” it said in its reply filed before the apex court.

The government cited the Section 26 (2) of the Reserve Bank of India Act, 1934, to defend its decision.

The section says: “On recommendation of the Central Board the (Central Government) may, by notification … , declare that, with effect from such date … , any series of bank notes of any denomination shall cease to be legal tender ….”

It also defended its decision to introduce Rs 2,000 denomination currency notes, saying that it was done in view of the erosion in the purchasing power of the rupee on account of inflation.

Pointing out that currency note of Rs 1,000 denomination was reintroduced in year 2000, the Centre said: “Barring short-lived exceptions, Indian has consistently seen moderate to high inflation since then, thus progressively eroding the value of money in purchasing power parity (PPP) terms,”

The government said this in its affidavit filed by the Union Finance Ministry before the apex court which is set to hear a batch of petitions challenging the decision to demonetise Rs 500 and Rs 1,000 currency notes.

The court will also hear the government’s plea seeking the transfer of cases filed before different high courts and subordinate court challenging the demonetisation either to top court itself or Delhi High Court.

Making a distinction between regulation and deprivation, the government on Thursday said no one has been deprived from using the notes of different denomination or issuing cheques or e-transfer. All that has happened, that too for a limited period, is the restriction on the withdrawal of the money from their accounts.

The government has also sought to describe these restrictions as “reasonable”.

This appears to be the government’s response to senior counsel Kapil Sibal, appearing for one the petitioners before the top court, asking under what law people could be restricted from withdrawing their own money from their bank account.

As in its first affidavit, the government on Thursday give details of the steps it had taken to ameliorate the hardships being faced by the people and to encourage them to take recourse to cashless transactions. (IANS)

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Know Your Rights and Rules While Dealing With Traffic Police

If traffic police harass you then you have the fundamental right to file a complaint with the police

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Every citizen has certain fundamental rights that they can exercise while dealing with Traffic Police. Wikimedia Commons
Every citizen has certain fundamental rights that they can exercise while dealing with Traffic Police. Wikimedia Commons

By Ruchika Verma 

  • While dealing with traffic police, there are few rules and rights you must keep in mind
  • Dealing with traffic police politely and tactfully can help you greatly
  • Traffic police now has e-challan facilities to make payments of fine convenient

If you are a driver, no matter a two-wheeler or a four-wheeler, chances are you must have at least once bumped into traffic police while on the road.

While dealing with Traffic Police, know your rights and the general rules. Wikimedia Commons
While dealing with Traffic Police, know your rights and the general rules. Wikimedia Commons

People often complain about traffic police because of the corruption and problems they face. Despite several efforts from both the sides, the situation on the roads is far from improving.

While dealing with traffic police though, there are few traffic challan rules and laws you should know along with your own rights. Here is the list of rights you should know while dealing with the traffic police:

1. If traffic police try to penalise you, make sure that they are carrying a challan book or an e-challan machine with them. Without any of these with them, they cannot fine or penalise you.

2. If you are stopped by traffic police and they ask for your documents. Section 130 of the Motor Vehicle Act, says, that you only have to produce your driving license in front of the traffic police. You don’t need to hand it over to them. It is entirely your choice to hand it over to them, but they, in any case, cannot force you to do so.

Traffic Police can't ask you to handle your license to them. Wikimedia Commons
Traffic Police can’t ask you to handle your license to them. Wikimedia Commons

3.A traffic fine can be imposed on you for jumping a red light, driving a two-wheeler without a helmet, overspeeding, improper or obstructive parking, smoking and drinking in the or while driving the vehicle, not displaying number plate, driving without a license, driving a vehicle without registration. All these offences can get you penalised under the Motor Vehicles Act.

4.Never, ever succumb to illegal demands of the traffic police. Do not try to bribe the traffic police. If the officer asks for a bribe, note down his buckle number. If he is not wearing his buckle, you can always ask for the identity card. In case of refusal, you have the fundamental right to refuse to give him your documents.

5. If the police officer is an officer of rank sub-inspector or above then you can settle the offence by paying the fine. You can now pay your challan online via the facility of e-challan.

Also Read: Despotic behaviour of Delhi Police is due to lack of accountability  

Traffic Police can seize your vehicle if you break the traffic rules. Wikimedia Commons
Traffic Police can seize your vehicle if you break the traffic rules. Wikimedia Commons

6. If you are driving without license or permit, or you are driving an unregistered vehicle, police have the right to detain your vehicle. Delhi traffic police app has been introduced to keep a track of all the e-challans and seizes in the region of Delhi.

7. Traffic police cannot seize your driving license, without a valid receipt. Jumping the red light, overloading, drunken driving and using the mobile phone while driving, are some cases in which your driving license can be seized.

Also Read: Delhi Traffic Police launch SMS alerts service

8. Traffic police cannot tow your car if are sitting in it. You have to vacate your vehicle before they can tow your car away.

9. If you are detained by traffic police for any offence then you must be produced before the magistrate within 24 hours of the offence, for the trial.

It is important for a citizen to follow traffic rules. Wikimedia Commons
It is important for a citizen to follow traffic rules. Wikimedia Commons

10. If traffic police harass you then you have the fundamental right to file a complaint with the police against the harassing traffic police officer, stating the particulars of the entire incident.

11. And this is the most obvious one, you should not argue with the police, you must avoid any arguments with the police and cooperate. If you have made any mistake, just explain it to them nicely, they might even let you go or tone down your punishment.