TMI Blog2016 (7) TMI 778X X X X Extracts X X X X X X X X Extracts X X X X ..... finding of facts leading to the above decisions. This Court cannot also review the decisions because of the possibility to have a different determination. The Court must concede the dominant authority of the executive over the policy making. Therefore, the legality of the policy rests on the factors relating to the decision making process. It is to be noted that the Central Government deliberated the issue and the relevant factors have been taken into account for the decision. The rationality of the decision cannot be adjudged on a proof of validity as a pre-requisite. The decision makers need not establish or demonstrate that the decision would secure its objectives. The ultimate decision by passage of time may prove the decision was right ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3. The Central Government under Section 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f India and another v. International Trading CO. And Another [(2003) 5 SCC 437]. 6. On the other hand the learned Assistant Solicitor General of India submits that Shark fins, both in terms of quantity and value are very small and there is no much domestic consumption of Sharks. It is pointed out that fishermen are involved in gruesome practice of finning of Sharks, resulting in decline in number of Sharks and the decision was taken to prevent degradation of marine environment. The learned Assistant Solicitor General also relied on a Division Bench judgment in W.P.(C).No.12311/2015 and M.P.No.1/2015 dated 16/09/2015 of the Madras High Court, dismissing a similar challenge made to the notification. 7. The learned Senior Standing Coun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tral Government suffers from any infirmity with the decision making process. 10. It is well settled principle of law by umpteen decisions, that the Court must respect the executive wisdom to formulate a policy and the Court must understand the latitude of the executive wisdom to formulate such a policy. 11. In Liberty Oil Mill's case [(1984) 3 SCC 465], it was observed by the Hon'ble Supreme Court as follows: 6. Before considering the questions at issue, it will be useful to refer to our Import Policy and to take a cursory look at the various statutory and non-statutory instruments embodying the policy. The import policy of any country, particularly a developing country, has necessarily to be tuned to its general economic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xtend to determine the correctness of such a policy decision or to indulge into the exercise of finding out whether there could be more appropriate or better alternatives--Court will not ordinarily interfere with policy decisions that are taken based on expert knowledge of the persons concerned-- When a policy decision is taken in the public interest, courts ought not to tinker with the same. 14. In the case in hand, the Central Government appears to have been moved by the concern, to stop depletion of the Sharks in the marine environment, especially, in Indian waters to protect the marine eco-system. The Shark appears to be considered as an apex of the marine food chain. Certainly, this is a relevant factor for formulating any policy ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ade them from indulging in such illegal activities. CS also asked JDWL and FDC to take appropriate action for stopping finning of Shark in the high seas. 17. Thereafter, in the meeting held on 13.1.2015 [Ext.R2(e)], the Commerce Secretary summed up the discussion as follows: 7. After further discussions, the CS directed that in so far as Department of Commerce is concerned, the trade in shark fins (both export and imports) should be banned, keeping in view the ecological aspects resulting out of the fishing and finning of sharks in the Indian EEZ. He further stated that in so far as capture of sharks/shark fins, and issue of permits to foreign vessels for shark fishing in the EEZ, Ministry of Agriculture, and Department of Fisher ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
