Ban on export of onions challenged; Bombay HC asks Customs to allow export of pending onion consignments

The Bombay High Court on Friday urged the Customs authorities to allow the export of onions already lying with them prior to the issuance of the notification banning the export of onions with effect from September 14. .The Bench of Justices Ujjal Bhuyan and Abhay Ahuja were hearing a plea moved over the issue by the Horticulture Produce Exporters Association, the proprietor of Fair Agro Industries and other exporters. .The Court was informed that the authorities had taken a decision to allow the export of onions that were loaded prior to the notification. The Court called for similarly allowing relief for the petitioners before it, who claimed that their products were yet to be loaded..The Court said,."While we appreciate the decision taken by the Respondents to mitigate the hardship of those exporters where consignments were already loaded for export, we believe that it would be in the interest of justice if the same benefit is extended to the goods of the Petitioners because according to them their consignments were with the customs authority prior to issuance of the notification."Bombay High Court.The Court asked the Customs to act expeditiously in the matter since the consignment goods were perishable in nature..The Association has filed this Petition challenging the legality of the Notification which prohibits onion export..It has prayed that:The notification violates Article 19(1)(g) of the Constitution and is not in the public interest.The actions of the Customs will directly affect the income and well-being of farmers producing onions in Maharashtra and that the "state is responsible for their well-being".The notification goes against the provisions of the Foreign Trade (Development and Regulation) Act, 1992 and the principles of the Foreign Trade Policy 2015-2020..The Court has directed Senior Advocate Pradeep Jetly to take necessary instructions from the Customs authority before the next hearing. Jetly appeared for the customs authorities along with Additional Solicitor General Anil Singh..Senior Advocate Darius Shroff, appearing for a petitioner, pointed out to the Court that the shipping bills issued to them would lapse by September 26, 2020..Therefore the Court clarified in its order that since the matter is subjudice, "shipping bills prior to issuance of the impugned notification shall not be construed to have lapsed" till a final decision is made by the Court..The matter is listed for hearing on September 29, 2020..The petition on behalf of the Horticulture Produce Exporters Association was filed through Dr. Sujay Kantawalla from India Law Alliance. Advocate JB Mishra is the advocate on record for the Customs authority..Read order here: