The Supreme Court recently declined to interfere with a Gujarat High Court decision that dismissed a writ petition challenging the extended fishing ban in the Arabian Sea. The ban, extended by 15 days under the Gujarat Fisheries (Amendment) Rules, 2024, was implemented through a notification issued on July 31 by the Agriculture, Farmers Welfare, and Cooperative Department. The petitioner, representing the fishing community, was granted liberty to seek redress before the State Government’s relevant authorities.
Background of the Case
The challenge pertained to a 76-day annual ban on fishing activities from June 1 to August 15. Previously, the ban period ended on July 31, but the recent amendment extended it by 15 days. This extension, according to Senior Advocate Dr. S. Muralidhar, caused undue hardship to the fishing community, which already faces significant challenges during the ban period.
Dr. Muralidhar contended that while the extended period may not appear arbitrary on the surface, it adversely impacts the livelihood of fishermen. He argued that the amendment lacked a reasonable nexus with its stated objective and imposed an undue burden on the affected community.
Supreme Court’s Observations
A bench comprising Justices J.B. Pardiwala and R. Mahadevan acknowledged the concerns raised but refrained from interfering with the High Court’s decision. The Court noted that the government might have valid reasons for amending the rules. It advised the petitioner and the fishing community to approach the appropriate governmental authority for relief, emphasizing that the government should consider the matter fairly.
The bench observed:
“It will be in the fitness of things if the Government looks into the matter dispassionately, without being influenced by the fact that the petitioner has not so far been able to obtain any relief from any court in this matter.”
Case Details
Case Title: Manojbhai Varjangbhai Mori v. The State of Gujarat & Ors.
Case No.: SLP (C) No. 27622/2024
Notification Challenged: Gujarat Fisheries (Amendment) Rules, 2024, dated July 31, 2024.
Key Appearances
The petitioners were represented by Senior Advocate Dr. S. Muralidhar, along with a team of advocates including Abhimanue Shrestha,
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