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High Court Of Delhi
UOI - Appellant
Versus
BHARAT EXPLOSIVES LTD - Respondent
Decided On : 01/12/2006
Article 14 - Violation of Explosives Act, 1884 - [Section 6, Section 14] - The court considered the violation of Article 14 of the Constitution in the context of the Explosives Act, 1884. The judgment discussed the notifications issued by the Central Government regarding the possession, sale, and use of nitro-glycerine-based explosives, and the exemptions granted to specific entities. The court emphasized the burden of proof on the writ petitioner to establish a violation of Article 14 and highlighted the need for specific and clear allegations to prove discrimination. The court also emphasized judicial restraint and the limitations on judicial interference in the executive domain. Ultimately, the court allowed the appeal, set aside the impugned judgment, and dismissed the writ petition.
Fact of the Case:
The case involved a writ appeal against the impugned judgment of the learned Single Judge regarding the violation of Article 14 of the Constitution in the context of the Explosives Act, 1884.
Finding of the Court:
The court found that the burden of proof to establish a violation of Article 14 was on the writ petitioner, and emphasized the need for specific and clear allegations to prove discrimination. The court also highlighted the importance of judicial restraint and the limitations on judicial interference in the executive domain.
Issues: The key issue was whether there was a violation of Article 14 of the Constitution in the context of the notifications issued by the Central Government regarding the possession, sale, and use of nitro-glycerine-based explosives, and the exemptions granted to specific entities.
Ratio Decidendi: The court emphasized the burden of proof on the writ petitioner to establish a violation of Article 14 and highlighted the need for specific and clear allegations to prove discrimination. The court also emphasized judicial restraint and the limitations on judicial interference in the executive domain.
Final Decision: The appeal was allowed, the impugned judgment was set aside, and the writ petition was dismissed. The court also allowed the petitioner to make a representation to the authorities for some relief, with the condition that the representation would be decided within two weeks of receipt by the authority concerned in accordance with law.
( 1 ) CM 270/2006 (delay) heard counsel for the parties. We are satisfied that there is sufficient cause for the delay. The delay in filing the appeal is condoned. Accordingly, the application is allowed. LPA 22-23/2006 this writ appeal has been filed against the impugned judgment of the learned Single Judge dated 2. 9. 2005.
( 2 ) HEARD counsel for the parties and perused the records.
( 3 ) THE facts in detail have been set out in the judgment of the learned single Judge and hence we are not repeating the same except where necessary.
( 4 ) IT appears that the Central Government had issued a notification dated 21. 1. 2004 which states as follows:-"ministry OF COMMERCE AND INDUSTRY (Department of Industrial Policy and Promotion) notification new Delhi, the 21st January, 2004 g. S. R. 59 (E) -Whereas the Central Government is of the opinion that the explosive, namely, nitro-glycerine or such other substance whether a single chemical compound or a mixture of the said explosive (explosive or Class 3 division 1) is of a dangerous character; and whereas, it is expedient for the security concerns and the public safety to prohibit the possession of nitro-glycerine-based explosives (explosive of Class 3 Division 1); now, therefore, in exercise of the powers conferred by clause (a) of Sub- section (1) of Section 6 of the Explosives Act, 1884 (4 of 1884) , the Central government hereby prohibits the possession, sale and use of the said explosives throughout the country with effect from the 1st day of April, 2004 (F. No. 17 (3)/2000-Expl) a. E. AHMAD, Jt. Secy. "
( 5 ) THEREAFTER by another notification dated 20. 8. 2004 the earlier notification was modified by this notification which states as follows:-"ministry OF COMMERCE AND INDUSTRY (Department of Industrial Policy and Promotion) notification new Delhi, the 20th August, 2004 g. S. R 530 (E)-Whereas, by the notification of the Government of India in the Ministry of Commerce and Industry (Department of Industrial Policy and promotion), vide number G. S. R, 59 (E) dated the 21st January, 2004 (herein referred to as the said notification), the Central Government prohibited the possession, sale and use of nitro-glycerine or such other substance whether a single chemical compound or a mixture of the said explosives (explosive of Class 3 Division 1) (herein referred to as the said explosive) throughout the country with effect from the 1st day of April, 2004; and whereas, sizeable stockes of the said explosives are still lying with the licence holders under their possession either for sale or use and that additional time is necessary for the disposal of the existing stock of the said explosives; and whereas, the Central Government is of the opinion that it is expedient for the security concerns and the public safety to dispose of the existing stock of the said explosives which are lying with various licence holders across the country as this may deteriorate over time and may become further dangerous, within a reasonable time; now, therefore, in exercise of the powers conferred by clause (a) of sub- section (1) of Section 6 of the Explosives Act, 1884 (4 of 1884), the Central government hereby extends the time-limit specified under the said notification till the 1st day of December, 2004 for disposing of the stock of the said explosives existing as on 1st day of April, 2004 and for that purpose makes the following amendment in the said notification namely:- in the said notification, for the words, letters and figures ?the 1st day of April, 2004? the words, letters and figures? the 1st day of December, 2004? shall be substituted. (F. No. 17 (3)/2000-Expl) umesh KUMAR, Jt. Secy. "
( 6 ) SUBSEQUENTLY, it appears that the third notification dated 24. 3. 2005 was issued by the Central Government, Ministry of Commerce and Industry which reads as follows:-"ministry OF COMMERCE AND INDUSTRY (Department of Industrial Policy and Promotion) notification new Delhi, the 24th March,
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