2023 (4) TMI 1242 - HC - Customs

Requirement to join Ministry of Environment, Forest and Climate Change and the Genetic Engineering Appraisal Committee as party - HELD THAT - It is directed that affidavit be filed by the Genetic Engineering Appraisal Committee specifically regarding the commodities at hand and their role in regulating import. Though the Petitioner has shown urgency in the matter and we understand the anxiety, considering the importance of the issue, we are not inclined to proceed without a specific stand of the Committee, which ought to have been placed on record. Registry is directed to forthwith send a copy of this order to the Secretary of the Ministry of Environment, Forest and Climate Change and to the Incharge of Genetic Engineering Appraisal Committee to draw their attention to this state of affairs regarding the filing of this affidavit without instructions and the appearance. Stand over to 26 April 2023 at 2.30 p.m.

Summary

Issues involved:
The issues involved in this judgment include the necessity of joining relevant parties in a petition, the role of the Ministry of Environment, Forest and Climate Change in regulating the import of genetically modified food, specifically soyabean, and the authority of the Genetic Engineering Appraisal Committee in such matters.

Joining of Parties:
The High Court directed the petitioner to join the Ministry of Environment, Forest and Climate Change and the Genetic Engineering Appraisal Committee as party respondents, emphasizing their importance in the petition and noting that they should have been joined from the beginning.

Role of Ministry of Environment:
An affidavit presented by a scientist from the Ministry of Environment stated that the Ministry has no role in regulating the import of genetically modified food, including soyabean. The court highlighted the need for a specific stand from the Genetic Engineering Appraisal Committee, which is deemed more relevant in such matters, and expressed disapproval for the lack of clarity in the representation of the Committee.

Role of Genetic Engineering Appraisal Committee:
The court directed the Genetic Engineering Appraisal Committee to file a specific affidavit regarding the commodities in question and their role in regulating imports. It stressed the importance of having a clear stance from the Committee on record before proceeding further, considering the significance of the issue at hand.

Court's Directions:
The court ordered the Registry to send a copy of the order to the Ministry of Environment, Forest and Climate Change and the Genetic Engineering Appraisal Committee to address the issues related to the filing of the affidavit without proper instructions and representation. Additionally, the court instructed the Registry to inform the Additional Solicitor General to avoid confusion in future hearings.

Next Hearing:
The case was adjourned to 26 April 2023 at 2.30 p.m. for further proceedings based on the directions given by the court.