The Punjab and Haryana high court has asked the Punjab chief secretary to explain as to how instructions issued by the state government in October 2020 against bringing paddy from other states would be sustainable at a time when the three farm laws had not been stayed by the Supreme Court.
“It is to be observed here that in terms of the law well settled, since 1972, ... instructions contrary to even statutory rules are wholly unsustainable and obviously therefore, instructions in the face of an enacted statute would be completely and wholly illegal in the opinion of this court,” the court said while posting the matter for November 11.
The order was passed in a matter in which two people were booked by the Patiala police in October 2020 for allegedly bringing paddy illegally from outside the state.
The petitioner’s counsel, Ferry Sofat, had submitted that the order staying the three farm laws was passed by the Supreme Court in January 2021, but the laws came into effect in June 2020. At the time when FIRs were registered against the duo on October 20, 2020, there was no stay on these laws.
It was also submitted that instructions issued by the chief secretary were wholly illegal and unsustainable as they were against a statute enacted by the Parliament. Also, as the implementation of the laws had not been stayed at that stage, and the FIR against the petitioners was also illegal and unsustainable, the court was told.
{{/usCountry}}It was also submitted that instructions issued by the chief secretary were wholly illegal and unsustainable as they were against a statute enacted by the Parliament. Also, as the implementation of the laws had not been stayed at that stage, and the FIR against the petitioners was also illegal and unsustainable, the court was told.
{{/usCountry}}While asking the chief secretary for an explanation, the HC also told the Patiala police to file an affidavit, stating as to how the FIR is sustainable in view of the issue raised.