Court upholds Exim Policy restrictions, dismisses challenge based on mistaken belief. Export, import licenses claim refuted.

The court dismissed the petition challenging restrictions under the Exim Policy as the challenge was based on a mistaken belief and an attempt to circumvent provisions under the guise of constitutional invalidity. The court found that the Export Policy itself is part of domestic law and upheld the enforcement of restrictions. The petitioners' claim of licenses for export and import was refuted for lack of evidence of permission for export to the specific country in question. The court emphasized the lack of merit in the petition and dismissed it.

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Issues:
Challenge to restrictions imposed under Exim Policy, enforcement of impugned orders, stay of enforcement pending disposal of petition, interpretation of Export Policy in relation to Chemical Weapons Convention Treaty, reliance on domestic law to bind citizens, validity of licences issued for export and import, mistaken belief in challenging Export Policy.

Analysis:
The petitioners sought relief from the restrictions imposed under the Exim Policy, declaring them ultra vires of the Constitution. The bone of contention was the absence of a local statute in 2003 to give force to the Chemical Weapons Convention Treaty, which was implemented in 2005. The advocate argued that the Export Policy was being enforced based on the Treaty terms, but the Court noted that the Export Policy itself is part of the domestic law. The Court found the challenge to be based on a mistaken belief and an attempt to circumvent provisions under the guise of constitutional invalidity.

The Court considered the order dated April 15/20, 2005, which clarified that certain chemicals were exportable only to State Parties to the Convention, with export to non-State Parties prohibited. The petitioners' claim of licences issued by authorities for export and import was refuted, as they failed to provide evidence of permission for export to the specific country in question. The Court emphasized that the petition lacked merit and was dismissed accordingly.

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