Restricting Cut Flowers Import To Chennai Airport Aims To Fortify Nation's Bio-Security, Not Discriminatory Against Delhi Traders: Delhi High Court

The Delhi High Court has upheld a notification issued by the Union Government’s Directorate General of Foreign Trade in 2020 prohibiting importation of a variety of cut flowers into India through all airports, except Chennai airport.A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula said that the notification does not arbitrarily discriminates against flower traders in the Delhi-NCR region but rather aims to fortify the nation’s bio-security."Respondents have compellingly spotlighted the escalated phytosanitary risks—specifically, the risk of introducing harmful exotic pests—associated with importing certain types of cut flowers...The inadvertent introduction of invasive alien species or harmful exotic pests, whether through flowers, fruits, vegetables, or other pathways, poses a grave threat to the country's native agricultural produce and, by extension, its agrarian economy," Court said.It added these are areas where the Respondents are best equipped to deliberate and enact suitable measures, including the evaluation of import conditions and the strategic deployment of personnel and equipment to mitigate the threat of invasive species or exotic pests. "Courts cannot assume the role of the executive to dictate policy on matters such as import regulations, the safeguarding of domestic agriculture, or the allocation of state resources."The court however directed the Union Government to ensure phased upgradation of Plant Pathology and Entomology laboratory facilities at major airports like Mumbai, Kolkata, Bangalore and Delhi.It observed that phased upgradation project indicates the “Government’s commitment” to ensure that advancements in plant quarantine facilities and bio-security are not isolated to a single port but are extended across a wider geographic framework.“While Mr. Chetan Sharma, the learned Additional Solicitor General, did not provide a specific timeframe for completion of the phased upgradation, we urge the Government to ensure that the required augmentation is carried out promptly and without undue delay,” the court ordered. The bench was hearing a plea moved by Fresh Fruits, Flowers & Vegetables Traders Association aggrieved by the notification in question. It was the Association’s case that the direction was arbitrary, especially in view of the absence of any incidents involving exotic pests from imported cut flowers at Delhi Airport and the purported sufficiency of staffing and facilities there.On the other hand, the Union Government took a stand that the direction serves national interests related to bio-security and efficiently uses available resources.The bench took note of an affidavit filed by the Deputy Director of the DGFT on January 06 stating that efforts to strengthen trained technical manpower, besides modernization of laboratory facilities, are being undertaken. It also noted that in a subsequent affidavit filed by the Joint Director of Plant Quarantine at DPPQ&S, it was states that the upgradation of Plant Pathology and Entomology laboratory facilities at all the other major Airports are being done in a phased manner.It was also states that the department shall be taking further steps in due course of time to make available trained technical manpower and technical infrastructure. “This strategy envisions enhancing technical prowess and expanding laboratory facilities at various entry points throughout the nation. In essence, it reflects a layered approach to national bio-security, adeptly juxtaposing immediate concerns with foresight for the future,” the court said.Title: FRESH FRUIT FLOWERS AND VEGETABLES TRADERS ASSOCIATION v. DIRECTORATE GENERAL OF FOREIGN TRADE & ANR.Citation:2023 LiveLaw (Del) 933Click Here To Read Order

Restricting Cut Flowers Import To Chennai Airport Aims To Fortify Nation's Bio-Security, Not Discriminatory Against Delhi Traders: Delhi High Court

Nupur Thapliyal

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