Aastha Thakur
Published on: 30 August 2022 at 21:53 IST
The National Security Act (NSA) is being invoked against people who engage in hoarding, profiteering, adulteration, and black marketing, as per the Public Interest Litigation (PIL) filed in the Supreme Court on Monday.
A bench of Justices Abdul Nazeer and V Ramasubramanian issued notice to the Central government and all states.
The application was filed by Advocate and Bharatiya Janata Party (BJP) spokesperson Ashwini Kumar Upadhyaya, stating that the sentence and financial penalties for such offences must be stiff enough to pay for reimbursement and compensation to victims.
“if there is direct link between loss of life and hoarding profiteering, adulteration and black marketing, then financial penalty must cover the compensation to victim’s family.”
The petitioner claims that during the COVID second wave in April 2021, many people from economically disadvantaged (EWS) and below the poverty line (BPL) died outside hospitals despite beds being available.
The black market was on its high when the Covid Antidote Remdesivir injection was sold at the rate of Rs. 70,000/-though its original price was Rs. 899. Similarly, oxygen tanks in large quantities were recovered from different places.
Furthermore, it was submitted that the range of fine as well as the sentence prescribed under the Essential Commodities Act was too meagre to have a deterrent effect given the gravity of offence.
“The act was enacted to regulate the import, manufacturing and distribution of drugs, but it is not adequate to curb hoarding, profiteering, adulteration, and black marketing, which has deprived thousands of citizens of their fundamental rights guaranteed under Articles 14, 15 and 21 of the Constitution,” it said.
It was stated that such practises are mostly carried out with direct cash.Hence, the agencies must investigate black money, benami property, and disproportionate assets of offenders.
The purpose of the Act must be achieved and for this government to show political will and determination to end this menace. For this, stringent rules and regulations should be in place and requisite amendments need to be in place.
The petitioner, therefore, sought direction from the Centre to examine international laws relating to the mentioned practises and to take appropriate steps to insert a chapter for these offences in the Indian Penal Code (IPC).
The petitioner seeks direction from the Court to the Law Commission of India to examine international laws on hoarding, adulteration, profiteering, and black marketing and prepare a report within three months.
Upadhyay also sought a declaration that Section 31 of the Code of Criminal Procedure (CrPC), which deals with sentences in cases of conviction for more than one offence, should not apply to laws relating to the practises mentioned, and that sentences should be consecutive rather than concurrent.
The plea said the SC, as custodian of the Constitution and guardian of fundamental rights, could not remain silent while citizens died as a result of such practices.