The Madras High Court has refused to quash a notification issued by the Central government banning export of all species of shark fins, though the Kerala High Court has granted an interim stay against the notification.
A Division Bench of Justices V. Ramasubamanian and T. Mathivanan said, “The Kerala High Court has not decided the validity of the notification. The writ petition there is still pending. But here, the pleadings are complete and we have heard arguments on the main relief relating to the validity of the notification. Therefore, the stay granted by another High Court is of no relevance to test the validity of the notification.”
They refused to buy the argument of counsel for the petitioner that when someone in the neighbouring State has obtained the benefit of a stay of the notification, it has to be treated as though the notification is not in force. The matter pertains to a writ petition moved by Marine Products Exporters Association challenging the notification dated February 6 issued by the Director General of Foreign Trade, banning export of shark fins of all species of shark.
The petitioner association contended that the notification issued under the Foreign Trade Policy was contrary to law, as it was made without any basis or factual details justifying the ban and when the hunting of shark for domestic consumption is not prohibited.
Noting that it is common knowledge that the government might issue such notifications at times and in cycles, the judge said, “Even normal fishing activities are prohibited at times, so as to enable aqua life to get nurtured. Therefore, the re-introduction of the total prohibition, after a gap of 13 years, cannot be taken exception to.”
‘Stay granted by another High Court is of no relevance to test the validity of the notification’
