Gauhati High Court Calls For Affidavit From Fisheries Dept Detailing Action Taken For Restricting Import, Stock Or Sale Of Fish Preserved With Formaldehyde

The Gauhati High Court has recently issued directions to the Fishery Department, Assam Government to furnish details of the action taken by it in pursuance to the Standard Operating Procedures (SOP) in respect of Kamrup (Metro) district for restricting import/stock/sale of fish imported from other than self-sufficient States by Road/River Route using formaldehyde and indicating the results of the tests conducted by the Nodal Agencies designated under the said SOP.

The division bench of Chief Justice Vijay Bishnoi and Justice Suman Shyam was informed by the State that by notification dated January 20, 2024, the Government of Assam, Fishery Department has published and implemented a Standard Operating Procedures (SOP) for restricting import/stock/sale of fish imported from other than self-sufficient States by Road/River Route using formaldehyde keeping the fish in marketable condition for long duration.

However, the Counsel appearing for the petitioner contended that there are various shortcomings in the SOP and has also pointed out that there is a variation with respect to the inspections carried out by the State Public Health Laboratory; College of Fisheries; Gauhati University; Nagaon College; Dibrugarh University and the Fishery Departmental Officers at District Level in the year 2023.

It was further submitted that though other Agencies have found chemical formaldehyde in the fishes imported from other States, the Fishery Department in its survey has found all the samples to be negative.

Thus, the Court asked the Fishery department to furnish an affidavit detailing the action taken by it in respect of the Kamrup (Metro) district and indicate the results of the tests conducted by the Nodal Agencies designated under the said SOP within three weeks.

The matter is listed again on May 13, 2024.

Case Title: Hasibur Rahman v. The State of Assam & 3 Ors.

Case No.: PIL/31/2023

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