The Calcutta High Court Monday stayed a notification issued by the West Bengal government, which banned inter-state trading of potato. Delivering the order Justice Sanjib Banerjee also directed the state to file its reply within next three days. The case will come up for resumed hearing on December 3.
The state government notification dated October 23 stated that no West Bengal trader would be allowed to export potato to other states. The traders were told to take permission from the government at least seven days before exporting potato to other states.
The petition moved by Madhusudhan Sen, a potato merchant, alleged that the notification was illegal and unconstitutional as the President's assent was required to issue such order.
For the petitioner, Advocate Arunav Ghosh pleaded that the notification was interference into the right to the free trade of the traders. He said the notification violated the article 301 of the Indian Constitution.
For the state, Advocate General Bimal Chatterjee argued that the state government imposed the restriction under Article 304 of the Indian Constitution. Justice Banerjee, however, pointed out that based on the Article 304 no such restriction can be introduced by a state government without the previous sanction of the President.
The court said that prima-facie the notification was unconstitutional, Ghosh later told the reporters.
Source:- indianexpress.com
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