Delhi High Court Denies to Entertain PIL Filed to Restrict Cash Transactions on E-Commerce Platforms Like Amazon, Flipkart

Delhi High Court Denies to Entertain PIL Filed to Restrict Cash Transactions on E-Commerce Platforms Like Amazon, Flipkart

The Delhi High Court has refused to entertain a public interest litigation (PIL) for restricting cash transaction of goods, products and services purchased through online shopping platforms like Amazon and Flipkart.

The division judge’s bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula upon hearing the counsel for petitioner Advocate Ashwani Kumar Upadhyay, observed, “Dismissed as withdrawn, with liberty as aforesaid.”

The petition was moved by Advocate and BJP leader Ashwani Kumar Upadhyay, seeking to withdraw the PIL.

In May, the Court had sought the stand of the Union Government and Delhi Government - Additional Solicitor General Chetan Sharma and Advocate Santosh Kumar Tripathi, respectively to obtain instructions in the matter. However, no formal notice was issued in the plea.

The plea filed by Upadhyay, sought direction for steps to ‘reduce corruption’ which was done online. Upadhyay had argued in the plea that the PIL’s requests were ‘practical solution’ to the problems of corruption, the production of black money, money laundering, benami transactions, and disproportionate assets.

The plea had stated, “Similarly, no district is free from the clutches of mafias' viz. land mafia, drug-liquor mafia, mining mafia, transfer-posting mafia, betting mafia tender mafia, hawala mafia illegal immigration mafia conversion mafia, superstition-black magic mafia and white-collar political mafia, dividing society on the basis of religion, race, caste, sex and place of birth.”

It was additionally mentioned by him that, it is the duty of government to check good practices of other countries who are ranked among top 20 in the Corruption Perception Index, and implement them for giving a strong message that it is determined to fight against the menace of corruption and black money.

Further, the plea filed stated that the India cannot move forward without dean-transparent governance for which corruption free society is a basic requirement and that is impossible without recalling currency above Rs.100, wherein restricting the cash transactions above Rs.10,000 linking assets which being above for an amount of Rs. 50,000, with AADHAAR and confiscating cent percent black money, disproportionate assets and benami property and giving rigorous life imprisonment to looters.

In addition to these measures, the plea had also called for restrictions on cash transactions when purchasing air tickets, rail tickets, electricity bills, LPG bills, CNG bills, municipality bills, and other bills above Rs 10,000, as the petitioner believed this to be a practical solution to curb corruption.

Upadhyay had also requested that the court direct the central and state governments to take appropriate measures to limit cash transactions on all industrial and domestic goods, products, and services to a maximum retail price of Rs 10,000.

However, as the bench was about to reserve the order on merits, Upadhyay prayed for withdrawal of the petition, with the liberty to take recourse to other remedies available under law. Furthermore, during the hearing Justice Narula had remarked that he will impose costs on Upadhyay for filing the petition.