Supreme Court Refuses To Interfere With Plea Challenging Gujarat Gov's Extended Ban On Fishing Activities In Arabian Sea

The Supreme Court recently refused to interfere with the order of the Gujarat High Court which dismissed a writ petition challenging the imposition of an extended ban on fishing activities in the Arabian Sea for 15 days under the State Rules. It granted liberty to the petitioner to approach the State Government's appropriate department to seek relief. 

A bench of Justices J.B. Pardiwala and R. Mahadevan was hearing a challenge to the legality and validity of the Gujarat Fisheries (Amendment) Rules, 2024. It was brought into effect vide Notification dated July 31 issued by the Agriculture, Farmers Welfare and Cooperative Department.

Before the Supreme Court, Senior Advocate Dr. S. Muralidhar submitted that the challenge pertains to the imposition of a ban on fishing activities in the Arabian Sea for the period between June 1 to August 15, i.e., 76 days in a calendar year.

It was pointed out by Dr Muralidhar that earlier, the ban was for the period between June 1, and July 31. Now that the ban has been extended for a further period of 15 days, the fishermen's community is aggrieved by such an amendment in the Rules. 

Dr. Muralidhar argued that the amendment has no nexus with the object sought to be achieved. It was stated that prima facie, the extended period of 15 days ban may not look very arbitrary, but when it comes to business, the community has to suffer a lot. 

However, the Court refused to interfere with the impugned order and stated: "There could be many good reasons that might have weighed with the Government in amending the rules. If the fishermen folk has any grievance to redress in this regard, it is always open for them to go before the authority concerned with an appropriate representation and point out that the subject amendment is going to cause undue hardship and irreparable loss to them...Although, we have thought fit not to interfere with the impugned order, yet it will be in the fitness of things if the Government looks into the matter dispassionately, without being influenced by the fact that the petitioner has not so far been able to obtain any relief from any court in this matter."

Case Details: MANOJBHAI VARJANGBHAI MORI v. THE STATE OF GUJARAT & ORS., Special Leave to Appeal (C) No.27622/2024

Appearances: Dr. S. Muralidhar, Sr. Adv.; Abhimanue Shrestha, AOR; Sridevi Panikkar, Adv.; M.a.karthik, Adv.; Ninni Susan Thomas, Adv.; Maitreya Subramaniam, Adv.; Pallak Bhagat, Adv.; Nishant Kumar, Adv. (for Petitioners)

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