The Madras High Court on Tuesday dismissed a public interest litigation petition, which sought to exempt a section of fishermen from using the banned purse seine nets.
The court refused to grant any such exemption after observing that the court would not interfere in an informed decision taken by the State government to ban the nets in toto to conserve marine resources.
Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy rejected the PIL petition filed by Fishermen Care, a private organisation, after observing that the State government, in its counter affidavit, had categorically stated that it was only the affluent fishermen owning mechanised fishing boats who use purse seine nets to scoop out fish from the territorial waters.
The judges said it was the prerogative of the executive to take decisions in public interest and for the long-term benefits of fishermen and that the scope of judicial review would not allow the court to supplant its views over the executive opinion founded on expert advice. Observing that the government had provided cogent reasons for having banned the use of purse seine nets, the Bench refused to interfere in such a decision.
They also pointed out that another Division Bench of the High Court had, on February 5, 2019, upheld the validity of a Government Order banning the use of purse seine nets.
