The Hindu Business Line : Centre's 2002 order was only for free movement of foodstuffs: HC

Chennai June 21 The Madurai Bench of the Madras High Court has held that order of Central Government in 2002 confined to removal of licensing requirement, stock limits and movement restriction imposed on specified foodstuffs (including rice), and had nothing to do with administration of public distribution system (PDS).

Dismissing a writ petition by a rice mill owner challenging constitutional validity of TN Scheduled Commodities (Regulation of Distribution by Card System) Order, 1982, Mr Justice K. Chandru said that petitioner's argument that he had not purchased PDS rice from PDS shop and that he had purchased stock from open market, was only a defence available to him in criminal court, and such defence could not be gone into in this writ petition.

Petitioner's further contention that PDS was strictly monitored, and any diversion of rice from PDS shops could be detected was not available to petitioner as it brought totally a different issue, and it did not arise for consideration in this petition.

According to the judge, petitioner, faced with criminal prosecution, had made a desperate attempt to challenge clause 6(4) of said TN Order of 1982 as ultra vires of Essential Commodities Act, 1955 and Removal of (Licensing requirements, stock limits and movement restriction) on Specified Foodstuffs Order, 2002).

The petitioner submitted that on April 5, 2007, 100 bags of rice, which were being transported to the said rice mill for polishing were seized by police, and a criminal case was registered. He contended that 1982 TN Order was issued in pursuance of Section 3 of Essential Commodities Act, and 1982 TN Order could not stand and it had been allegedly repealed by 2002 order issued by Central Government.

The judge ruled that it was clear that para 6.4 of 1982 TN order did not suffer from any infirmity and it had not got eclipsed because of issuance of 2002 order by Centre. Even otherwise, rice issued through PDS to those below poverty line stood on a different footing. What was liberalised by 2002 order of Centre was only free movement of essential commodities.

The Court was concerned with rice distributed through PDS in which no person could have any free dealing. The order of State Government was valid, and it had not got eclipsed by 2002 notification. Hence, writ petition lacked any merit and shall stand dismissed accordingly.

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