http://www.telegraphindia.com/1161117/jsp/bengal/story_119661.jsp#.WC12IJGAzCt.email

Disabled plea for rule tweak
OUR LEGAL REPORTER

*Calcutta, Nov. 16: *Eighty physically challenged people and patients today
filed an appeal in Calcutta High Court seeking a modification in the
central gazette notification announcing the demonetisation drive so that
they can exchange the scrapped Rs 500 and Rs 1,000 notes through their
representatives or lawyers.

The petitioners - most of whom are more than 80 per cent physically
handicapped, and also several patients admitted to hospitals and nursing
homes across Bengal - said in the public interest litigation that the
November 8 notification did not have any such provision.

A court source said the case was likely to come up for hearing on November
18 before the division bench of Chief Justice Girish Chandra Gupta and
Justice Arindam Sinha.

Advocate Akbar Ali, the petitioners' counsel, said after filing the
petition: "Before banning Rs 1,000, Rs 5,000 and Rs 10,000 notes in 1978,
the then Union government had promulgated an ordinance enabling physically
challenged and elderly people and patients to get their currency notes
exchanged through authorised persons or lawyers. But in the notification
issued on November 8 this year, the Centre has made the personal appearance
of account-holders mandatory for exchanging and depositing the banned notes
at banks."

"In the petition, we have also prayed before the court to consider the
problems being faced by account-holders who are abroad.... We requested the
court to ask the Union government to modify the notification," Ali added.

A clause in the November 8 notification says: "The equivalent value of
specified notes tendered may be credited to third party account, provided
specific authorisation thereof accorded by the third party is presented to
the bank, following standard banking procedure and on production of valid
proof of identity of the person actually tendering."

When journalists pointed out this clause to Ali, he said: "Why will my
clients credit their amounts to a third party? Such third parties may or
may not transfer the amounts to my clients' accounts."

Ali drew attention to the choice of language for the prescribed forms
issued by the RBI for the exchange of banned notes.

"The forms have been published in English. What would a person who does not
know English do? Forms should be published in all regional languages," he
said.

Additional solicitor-general Kaushik Chanda said he was yet to receive a
copy of the petition.

"Until I receive a copy of the petition, I should not comment on its
contents," he said.

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