SC lawyer challenges decision to export HILSA to India

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Court Correspondent :

A Supreme Court lawyer on Wednesday filed a writ petition with the High Court Division of the Supreme Court challenging the legality of the interim government’s decision to allow exporting 3,000 tons of HILSA fish to India.

Advocate Md Mahmudul Hasan submitted the petition as a public interest litigation also seeking its order on the government to cancel the decision and to issue a ban on the exports of HILSA fish captured from Padma and Meghna Rivers to abroad.

In the petition, he said that according to the Bangladesh Export Policy 2021-24, HILSA fish is not a freely exportable product.

“Relevant conditions must be fulfilled in order to export this fish. In this case, the Ministry of Commerce did not follow proper legal procedures. HILSA fish is under the jurisdiction of the Ministry of Fisheries and Livestock. Without clear approval from the Ministry of Fisheries and Livestock, the Ministry of Commerce cannot single-handedly approve the export of HILSA fish. It is extrajudicial act.”

Mahmudul said in the petition that the adviser and Secretary of Ministry of Commerce have acted against the interests of people of Bangladesh and violated article 21(2) of the constitution of Bangladesh.

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The article says, “Every person in the service of the Republic has a duty to strive at all times to serve the people”.
The lawyer said in the petition that HILSA is a sea fish which is available in Bangladesh, India, Myanmar and many other countries.

“When this HILSA fish comes into the sweet water, especially in the Padma River of Bangladesh, it becomes very tasty and delicious. That is why HILSA fish, which are captured from Padma river of Bangladesh, becomes tastier and more delicious than the HILSA fish which are captured from the sea”.

“Our neighbouring country, India, also has a large sea territory, and they also produce a huge quantity of HILSA fish. India does not need to import HILSA fish from Bangladesh. However, India mainly imports the HILSA fish, which are captured from the Padma River.

The fish exporters of Bangladesh stock this fish captured from Padma river, and due to this, Bangladeshi people do not find sufficient such HILSA fish in the market,” he said.

Advocate Mahmudul told he media that he will try to move the petition before the High Court as soon as possible.

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