MARINE FINS Vs. UNION OF INDIA AND ORS.

JUDGEMENT

(1.) These batch of writ petitions are filed challenging a notification issued by the Ministry of Commerce and Industry, Central Government under Sec. 5 of the Foreign Trade (Development and Regulation) Act, 1982 (for short, the "Act") prohibiting export of Shark fins of all species of Shark. The notification was issued on 06/02/2015.

(2.) The petitioners are exporters of Shark fins. They challenge the notification on the ground that the notification issued is without any application of mind or without any basis. They also challenge it on the ground that the notification is issued by the Director General of Foreign Trade, who is not the competent authority to issue such notification.

(3.) The Central Government under Sec. 5 of the Act has necessary power to formulate Foreign Trade Policy. It appears that complaints were raised from certain quarters against Shark finning. A meeting was held on 13/1/2015 under the Chairmanship of the Commerce Secretary. The meeting discussed about restriction on capture/export of all species of Sharks/Shark products. Various stake holders have taken part in the meeting. Though different concerns were expressed, it appears that after the discussion, the Commerce Secretary took the view that trade in Shark Fins (both exports and imports) should be banned. This was with the ecological aspects related to finning of Sharks in Indian EEZ. In fact, on an earlier occasion, in another meeting held under the Chairmanship of the Commerce Secretary on 26/11/2014, the Commerce Secretary was of the view that action cannot be taken against those exporters, who have exported Shark fins which do not fall under the prohibited category under the Wild Life (Protection) Act.