S GOPAL SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) THIS is a writ petition filed by one S. Gopal Singh under Article 32 (2A) of the Constitution of India and section 103 of the Constitution of Jammu and Kashmir State challenging the validity of the Cabinet Order No. 605 -C of 1954 dated 13th May, 1954 under which export of fresh vegetables by the petitioner to the rest of India are banned. The petitioner alleged that he has a large piece of land in village Gol, Tehsil Jammu and grows vegetables in it for sale in the market in large quantities; the respondents do not permit the petitioner to export his fresh vegetables to the rest of the States in the Indian Union when the prices of vegetables in the local markets in the State are reduced to uneconomic levels whereas the prices in other States are much higher. It is alleged that the vegetables from other States of India are freely permitted to be imported in the State with the result that when the petitioners vegetables can sell at profitable prices, the vegetables from outside the State are rushed in and the petitioner suffers heavy losses on account of such action on the part of the respondents. It is prayed that the ban imposed by the respondents on the export of fresh vegetables to the rest of India be removed on the ground that it is unconstitutional, as it contravenes the petitioners fundamental rights guaranteed under Article 19 (1) (g) of the Constitution of India and further it contravenes the provisions contained in Part XIII of the Constitution of India. Respondent No. 1 denied any violation of any fundamental or legal right of the petitioner. Mr. Dwarika Nath, Secretary to Government, Home Department, has filed an affidavit in which he has mentioned that export from the State of vegetables other than potatoes, chillies, onion and tomatoes has been prohibited vide Notification forming annexure to Cabinet Order No 605 -C of 1954 dated 13 -5 -1954 issued by the Government in exercise of the powers conferred on them by section 3 of the Essential Supplies (Temporary Powers) Ordinance, 2003. In paragraph 3 of the affidavit it is mentioned that due to scarcity in the State of vegetables (which are so essential to the life of the community) public interest demanded the imposition of ban on their expert or their movement from one province to another. Accordingly vide Notification forming annexure to Cabinet Order No 605 -C of 1954 dated 13 -5 -1954 issued in exercise of the powers conferred on them by section 3 of the Essential Supplies (Temporary Powers) Ordinance, 2003, the Government prohibited their export and movement from one province to another. It is on account of this scarcity of vegetables in State that the requirements of the army are not met out of the local growth. It is further averred that the restrictions on the export of potatoes, chillies, onions and tomatoes has, however, been lifted vide Notifications dated 23 -11 -1961, 25 -7 -1961 and 3 -10 -1961 on account of increase in the growth of these vegetables in the State. Lastly, it is mentioned in the affidavit that export of articles of food from the scarcity regions is not permitted and that there was no written representation made by the petitioner for withdrawal of the ban or permission to export vegetables from the State.

(2.) THE learned counsel for the petitioner has argued that the ban on the export of vegetables by the Government imposes unreasonable restriction on the fundamental rights of the petitioner guaranteed under Article 19(l)(g) of the Consti tution of India. It is further contended that the imposition of ban on the export of vegetables was a restriction on the freedom of trade and was hit by Article 301 of the Indian Constitution which lays down "Subject to the other provisions of this Part, trade, commerce and intercourse throughout the territory of India shall be free".

(3.) WE propose to deal with these contentions ad seriatim.