$~10 *IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) No.1777/2014 and CM No.3711/2014 % Date of decision :
11. h January, 2018 NAFIS QAZI & ANR. ........ Petitioner
s Through : Mr. Rasheed Qureshi, Adv. versus UNION OF INDIA & ANR. ........ RESPONDENTS
Through : Ms. Ruchi Jain, Adv. for UOI. Mr. H.S. Parihar and Mr. Kuldeep S. Parihar, Advs. for R-2/RBI. CORAM: HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE C.HARI SHANKAR JUDGMENT (ORAL) GITA MITTAL, ACTING CHIEF JUSTICE1 This writ petition makes a grievance that the respondents have issued the following commemorative coins : in the year 2010, the respondent no.2 - Reserve Bank of (i) India brought into circulation five rupee coins with the figure of Brihadeeswara Temple, Thanjavur embossed on it. (ii) in 2013, the Reserve Bank of India brought out another five rupee coin with a figure of Shri Mata Vaishno Devi Shrine Board embossed on it. The submission by ld. counsel for the petitioners is that by circulation of such coins, the respondent no.1 is promoting one W.P.(C)No.1777/2014 Page 1 of 5 particular religion.
2. Premised on the above averment, by way of this writ petition, the petitioner seeks the following prayers : “A. Direct the Respondent No.2 to withdraw the coins brought out in 2010 and 2013 with religious symbols on them, more specifically described in para 6.1 and 6.2 above. B. Direct the Respondent No.1 to formulate a national policy whereby figures and symbols of any religion are prohibited from being made on any tangible or intangible property of the Indian State.” The petitioner has arrayed the Union of India through the 3. Ministry of Finance as respondent no.1 and the Governor, Reserve Bank of India as party respondent no.2. Both the respondents have filed counter affidavits.
4. In the counter affidavit filed by the respondent no.2, our attention is drawn to the Coinage Act, 2011 which is an enactment inter alia intended to consolidate the laws relating to coinage and minting as well as protection of coinage.
5. So far as the expression ‘coin’ is concerned, the same is defined in Section 2(a) thus : “2(a) "coin" means any coin which is made of any metal or any other material stamped by the Government or any other authority empowered by the Government in this behalf and which is a legal tender including commemorative coin and Government of India one rupee note. Explanation.--For the removal of doubts, it is hereby clarified that a "coin" does not include the credit card, debit card, postal order and e-money issued by any bank, post office or financial institution.” W.P.(C)No.1777/2014 Page 2 of 5 6. We find that the legislation describes a ‘commemorative coin’ as well in Section 2(b) in the following terms : “2(b) "commemorative coin" means any coin stamped by the Government or any other authority empowered by the Government in this behalf to commemorate any specific occasion or event and expressed in Indian currency.” (Emphasis by us) 7. The issuance of a coin is described in Section 2(c) as to mean putting a coin into circulation for use as money.
8. Section 3 of the legislation enables the Central Government to establish a mint by notification.
9. So far as the minting of coins is concerned, Section 4 permits minting thereof to be effected at these mints or at any other place authorised by the Government.
10. It is to be noted that in accordance with the provisions of the Coinage Act, 2011, the coins are minted and issued by the Government of India and are legal tender in payment or on account in terms of Section 6.
11. The Reserve Bank of India is empowered only to issue bank notes in terms of Section 22 of the Reserve Bank of India Act, 1934. Inasmuch as this writ petition relates to minting and circulation of commemorative coins, the respondent no.2 has no concern with the subject matter.
12. The respondents have placed on record the notification dated 21st September, 2010, issued in exercise of power conferred under Section 6 of the Coinage Act, 1906, directing minting of coins of the denomination of Rs.5/- and Rs.1,000/- to commemorate the W.P.(C)No.1777/2014 Page 3 of 5 occasion of completion of one thousand years of the Brihadeeswarar Temple. The notification also prescribes not only the denomination but the shape; diameter; number of serrations; metal composition of the coins and its design on both sides.
13. Additionally, the respondents have placed before us the notification dated 14th September, 2012 regarding the issuance of coins of the denominations of Rs.25/, Rs.10/- and Rs.5/- to commemorate the occasion of the Silver Jubilee of the establishment of the Shri Mata Vaishno Devi Shrine Board; and prescribing the minting of the said coins as well as the dimensions, design and composition thereof. This writ petition was filed in or around 14th March, 2014 after these coins were brought in circulation.
14. There is no challenge to the definition of a commemorative coin or to the power of the Government to permit the issuance and circulation of the coins. Other than making a grievance that the respondents have issued two coins to commemorate two particular occasions relating to Hindu deities, no contention is made to support the submission that issuance of such coinage would damage the secular fabric of the nation. Ld. counsel for the petitioners is also unable to point out that the respondents by such act, are in any manner impacting religious practices or are indulging in activities which could be considered as non-secular.
15. It is also noteworthy that the writ petitioner makes no grievance at all of any act of favouritism or discrimination on the part of the respondents in directing minting of coins to commemorate these particular occasions. Simply put, the petitioner does not assail the W.P.(C)No.1777/2014 Page 4 of 5 decision of the Government to issue and circulate the said commemorative coins. No denial of a request by any other person to issue a commemorative coin is alleged. The writ petition does not even contend that the events commemorated by issuance of the coins were not of significance.
16. In our view, issuance of coins to commemorate a particular occasion is purely in the domain of statutory powers vested in the respondents under the provisions of the Coinage Act, 2011. The petitioner has, as prayer ‘B’, sought a mandamus to respondent no.2 to formulate a national policy prohibiting the use of religious figures and symbols from being made on any tangible or intangible property of the Indian State. In our view, no such mandamus can be issued directing either legislation or formulation of such policy.
17. For the foregoing reasons, we find no merit in this petition which is accordingly dismissed. The pending application also stands dismissed. ACTING CHIEF JUSTICE JANUARY11 2018 aj C.HARI SHANKAR, J W.P.(C)No.1777/2014 Page 5 of 5