Madras HC refuses to stay export ban on non basmati rice
The Madras High Court has refused to stay the ban on export of non-basmati
rice.
Justice A Kulasekaran, while refusing to stay the proceedings in
the case, ordered notice to the Centre and posted the case after court
vacation.
An export-oriented unit, enjoying a single star status, had
moved the High Court with a writ petition contending the Centre's
notification on export ban would jeopardise its business interests as they would
be sued in case of non-performance of a contract to supply rice to
Malaysia.
The petitioner company said it bagged a contract to supply
4,300 metric tonne of rice to Malaysia and a part of the contract obligations
had been complied with.
"The Centre's notification should take
only prospective effect and not retrospective effect and contracts already
formalised should be exempted by the government," the petitioner added, while
seeking a stay on the notification.
When the case came up for hearing
before the court, Additional Solicitor General M Ravindran and Senior Central
Government Standing Counsel P Chandrasekaran submitted it was settled law that a
licensing authority enjoyed powers to recall the permission as well.
The
decision to ban rice export was taken in view of the grim foodgrain and rice
situation globally.
As for the Andhra Pradesh High Court, which has
stayed similar notifications issued by the Ministry and the Director-General of
Foreign Trade, the Centre has filed a counter-affidavit stating the restrictions
on exports were resorted to only when domestic situation worsened.
UNI