Supreme Court Issues Notice To Centre & States In PIL Seeking Invocation Of NSA Against Hoarding, Profiteering, Adulteration & Black Marketing

A Supreme Court bench comprising Justice Abdul Nazeer and Justice V Ramasubramanian issued notice to the Central government and all States, on August 29, in a Public Interest Litigation seeking Centre and States to invoke National Security Act against persons involved in hoarding, profiteering, adulteration and black marketing and seize their 100 % benami properties and disproportionate assets. 

The petition has been filed by Bharatiya Janata Party (BJP) spokesperson Ashwini Kumar Upadhyay and it states that the sentence and financial penalties for offences of hoarding, profiteering, adulteration and black marketing must be strict enough to reimburse and compensate victims.

The PIL also sought for a declaration that Section 31, Cr.P.C, shall not apply to the Laws relating to Hoarding, Profiteering, Adulteration and Black Marketing and the sentence for the same shall be consecutive, not concurrent. Additionally, petitioner also sought direction to the Centre to examine the International Laws relating to hoarding, profiteering, adulteration and black marketing and take appropriate steps to insert a Chapter for these offences in IPC. In alternative, the petition states that the Court may direct the Law Commission of India to examine International Laws related to Hoarding, Adulteration, Profiteering, Black Marketing and prepare a Report within 3 months.

The petition states that the cause of action accrued when petitioner came to know through leading Hindi-English News Paper that many EWS and BPL citizens died out side hospital though beds were available. As per the petition–

"Thousands of EWS and BPL citizens died on streets, in vehicles, in hospitals compounds and their homes due to hoarding of hospital beds, adulterated COVID medicines, black marketing of medical equipment's like oxygen cylinder and huge profiteering in the sale of life saving injections like Remdesivir, Tocilizumab etc...Petitioners submits that thousands of people died due inaction of the State as neither it enacted stringent and effective law as proposed by various commissions nor it invoked NSA against the people involved in hoarding, profiteering, adulteration and black marketing. In Delhi itself, Remdesivir injection was sold at the rate of Rs. 70,000/- though its price is Rs 899/-. Similarly, large number of oxygen concentrators and oxygen cylinders were recovered from different places."

The petitioner has further submitted that hoarding, profiteering, adulteration and black marketing is done through cash. Hence, as per the petition, agencies must investigate Black Money, Benami Property, disproportionate assets. 

Upadhyay submits that–

"Citizens are dying due to hoarding, profiteering, black marketing and adulteration but Centre has not enacted stringent laws to curb these menaces. Hence this PIL."