Despite ban, imported Pak cotton awaits clearance at Mumbai Port

That the cotton bales were imported were revealed in averments in a suit filed by Hanil Era Textiles Ltd in the Bombay High Court where the company prayed that the January 11, 2000 notification of the Union government banning cotton imports from Pakistan should not be applicable to them.

Hanil Era argued that since it was a 100 per cent Export Oriented Unit to manufacture yarn, with its factory premises at village Vanivalli, cotton import was in the OGL (open general license) category it was free to import cotton without any restrictions from the government.

Advocate Mukesh Vashi arguing for the company stated that the company had entered into a contract with exporters from Pakistan to import 8002 bales of cotton much before the notification was issued and so the government should be restrained under the Principle of Promissory Estoppel from implementing the notification against it.

Also, the company claimed that the cotton bales were fumigated by Pakistan before import, and of the 3507 bales of cotton that had already been cleared by the company, no bacterial, viral or fungal diseases were found in them. The company argued that when 3507 bales were cleared by the port authorities, it has been cleared by the Quarantine department at the Mumbai Port.

However, Justice D K Deshmukh who did not pass any interim relief prayed for in the notice of motion by the company last week, accepted the contentions of the Union Government and the department of Agriculture and Cooperation, which categorically stated that no clearance for any such cotton imports was given by the department of Plant Quarantines & Fumigation.

Arguing on behalf of the government, special counsel Beni Chatterji stated that the notification of the Union Government was expressly due to the presence of strains of viral, bacterial and fungal diseases in the Pakistani cotton seeds, which are virulent in the Indian climatic conditions.

Basing his arguments on an affidavit filed by R P Sahu, deputy director of the Quarantines & Fumigation department, Chatterji contended that the company’s request was untenable and unacceptable. It was argued that mere fumigation of the cotton was not enough a remedy against the virus.

The notification of the Union Government was due to extensive scientific research done by the Indian Council of Agricultural Research, which proved that cotton from Pakistan could bring exotic diseases, particularly the leaf curl virus disease into the country.

However, while biotype `A’ of the white fly (Bemisia tabaci) which is the vector transmitting the disease is common in India as well, the virulent biotype `B’ is restricted to Pakistan alone. It was to save the country’s cotton cultivation, as well as the saving other host plants like tomato, tobacco, wild bhindi etc that the ban was ordered.

The government also argued that it was within its rights under the provision of Section 3 of the Destructive Insects and Pests Act, 1914 to issue the notification. It contended that the company had failed to inform the department about the cotton bales already brought into the country and argued that it was mandatory for the company to approach the office to obtain necessary clearance.