India’s supreme court heard the crypto case on Thursday, starting with the arguments by the counsel for the Reserve Bank of India (RBI). After pointing out that the RBI ban only hurts crypto businesses but does not stop crypto trading, the court explained that “being an honest contributor to the blockchain is more profitable than trying to tamper with the chain.”
Also read: Crypto vs RBI — 3 Days of Intense Supreme Court Hearings
RBI in Hot Seat, Ban Can’t Stop Crypto
The Indian supreme court resumed hearing the crypto vs. RBI case Thursday morning. Local news platform Crypto Kanoon reported from the courtroom that Shyam Divan, counsel for the central bank, picked up his arguments from the previous day. The counsel began by reading out the RBI’s reply to crypto exchanges’ representation and briefly explained about peer-to-peer exchanges operating in India and how crypto exchanges allow their users to transfer funds abroad. He claims that this exposes them to the risks associated with FEMA (Foreign Exchange Management Act), AML (anti-money laundering) and CFT (combating the financing of terrorism).
The judge pointed out that the RBI circular only stopped banks from providing services to crypto exchanges but is unable to stop crypto trading. The counsel replied that it is up to the banks to identify crypto transactions and stop them. The judge quickly interrupted him, asking: “how would the bank know without conducting an investigation and knowing the source of transactions.” The counsel admitted that the measure is not so effective but insisted that it discourages crypto transactions. Crypto Kanoon described:
Justice Nariman points a finger towards the exchanges’ counsel and says by this their business has come to end and the constituent i.e. trading of crypto is still active.
