Supreme Court Upholds Notification on Import of Exotic Species The Supreme Court upheld the legality and validity of a notification issued by the Ministry of Environment, Forest and Climate Change regarding the import ...
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Supreme Court Upholds Notification on Import of Exotic Species
The Supreme Court upheld the legality and validity of a notification issued by the Ministry of Environment, Forest and Climate Change regarding the import of exotic live species of animals and birds in India. The Court cited judgments from various High Courts supporting the advisory and emphasized the importance of making declarations within the specified time frame to receive immunity from prosecution under relevant statutes. Declarations made after the deadline would not enjoy the same exemptions. The Court dismissed the writ petition challenging the notification.
Issues: Challenge to the legality and validity of a notification regarding import of exotic live species of animals and birds in India.
Analysis: The petition was filed under Article 32 of the Constitution of India, challenging the legality and validity of a notification issued by the Ministry of Environment, Forest and Climate Change regarding the import of exotic live species of animals and birds in India. The notification was in the form of an advisory. Various High Courts had previously considered challenges to the same advisory on similar grounds and upheld it. Judgments from the Delhi High Court, Rajasthan High Court, Meghalaya High Court, and Allahabad High Court were cited as examples where the advisory was upheld. The Supreme Court reviewed these judgments and agreed with their findings. A Special Leave Petition filed against the Allahabad High Court judgment was also dismissed by the Supreme Court. The Court emphasized that the advisory provided a specific window for making declarations regarding exotic live species, and any interpretation contrary to this would defeat the purpose of the advisory. Declarations made within the specified time frame granted immunity from prosecution under various statutes to the declarant or transferee(s). However, declarations made after the expiry of the window would not enjoy the same exemptions and would require compliance with all relevant laws and regulations. The Court ultimately dismissed the writ petition based on the above observations.
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