HC notice to state over plea against ban on hybrid seeds

The High Court on Friday issued a notice to Punjab on a petition challenging its authority to prohibit the sale of hybrid seed varieties, including those duly notified under the provisions of the Seeds Act.

The petitioners, all licensed dealers and retailers of notified seed varieties, contended the regulation of hybrid seeds fell exclusively within the legislative domain of the Centre.

Taking up the plea argued by senior advocate Gurminder Singh, Justice Kuldeep Tiwari issued a notice to the respondents while fixing the next hearing on May 2.

It was asserted before the Bench that currently 23 varieties were notified for Punjab and the petitioners held valid licences to sell these. However, the impugned order passed by the state prevented these varieties from reaching the market. “This not only infringes upon the rights of licensed dealers, but also curtails the farmer’s right to choose seeds freely from the open market,” Gurminder Singh submitted.

The petitioners added that only the Centre was empowered to regulate and de-notify hybrid varieties under the Seeds Act and that too in consultation with the Central Seeds Committee.

The state’s unilateral action not only lacked legal sanction, but also amounted to overreach into an exclusive Central subject, rendering the entire exercise arbitrary and illegal. Terming the ban as disruptive, the petitioners sought interim directions to allow the sale of notified varieties during the pendency of the petition.