INDIAN SHIKAR OUTFITTERS ASSOCIATION Vs. UNION OF INDIA

JUDGEMENT

(1.) Validity of the abosolute ban on the export of skins of tigers, leopards and panthers has been called in question in writ petitions Nos. 1220 of 1970 and 1282 of 1970. Arguments have been addressed in petition No. 1282 and it is the common case of the parties that the decision in that petition would govern also the other petition. This judgment would consequently dispose of both the petitions.

(2.) The petitioners in petition No. 1282 are (1) Indian Shikar Outfitters Association, New Delhi, through its President, Shri Giri Raj Singh, New Delhi, (2) Indian Shikar & Tours (Private) Ltd., New Delhi, through its Managing Director, Shri Giri Raj Singh, New 'Delhi, (3) Allwyn Mercury Northern India Private Limited, New Delhi, through its Managing Director, Shri G. K. Khanna, New Delhi, (4) Jungleways Partnership Firm of Pachmarhi, Madhya Pradesh, through its partner, Shri Dharampal, New Delhi, and (5) Professional Hunters, Proprietary Concern, Shri M. Asaf Ali, of Porlia having head office at Nagpur. The respondents in the petition are (1) Union of India, Ministry of Foreign Trade and Commerce, (2) Chief Controller of Imports and Exports, (3) Joint Chief Controller of Imports and Exports and (4) Director General of Tourism. Petitioner No. 1 is an Association registered under the Indian Societies Registration Act. Its members are recognised shikar outfitters throughout India as also those who have been recognised by the Department of Tourism as shikar agents. The Association is interested in its members particularly with a view to securing for the shikar outfitters the right and opportunity of arranging the export of shikar trophies as have been obtained in shikar expeditions arranged by the members of the Association for foreign tourists visiting India for the hunts. Petitioner No. 5 is personally carrying on the profession of providing shikar facilities to the foreign tourists and is recognised as a shikar agent by the Government of India. The petitioners have been and even now are recognised as shikar outfitters by the Government of India under the recognition rules which came into effect in 1955. Such recognition entitles ths petitioners to seek and obtain the necessary amenities and facilities from various Government Agencies as would enable them to make all arrangements for the foreign tourists to undertake shikars of wild animals in India. The petitioners are thus engaged in the business and profession of shikar outfitters for foreign tourists.

(3.) Prior to March 8, 1968, there was no restriction whatsoever on the export of skins of tigers, leopards, panthers and other wild animals whether as accompanied or unaccompanied baggage of the foreign tourists. With effect from March 8, 1968 the Central Government promulgated the Exports Control Order, 1968 under the powers vested in the Government under Sections 3 and 4 A of the Imports and Exports Control Act, 1947 (Act 18 of 1947). The effect of that Order was that tiger, leopard and panther skins and cubs could be taken out of India by foreign tourists without any export restrictions.