Having examined the record, the Calcutta High Court found that by order dated 15.11.2019 passed in WP 8802(W) of 2019 the petitioner was granted liberty to make representation to the Principal Secretary, Agricultural Marketing Department, Government of West Bengal within a period of four weeks. .
A single bench while hearing a petition filed by Surinder Singh observed that the Petitioner could not be prosecuted for the commission of the said offence and convicted under section 7 of the Essential Commodities Act.
The Supreme Court has allowed 3 weeks time to file Counter on the request of the ASG S V Raju, Counsel for the respondent in the matter of Hoarding of Oxygen Concentrators filed against the order passed by the Delhi High Court.
FIR was lodged on May 5, 2021, and then there was no bar on selling Oxygen Cylinder to them at higher prices. He added that the company had brought the items from abroad and all kinds of taxes were paid by them before selling.
The Delhi High Court will today conduct hearing into a slew of petitions, demanding inclusion of Oxygen Concentrator in the list of Essential Commodities, so that the same can come under the ambit of the Essential Commodities Act.
When a law is made by Parliament, it alone can repeal or suspend it. The Court has no power to stay it, and if it does so, then Parliament too can do the same to a court’s orders. This tussle has been there since the first Republic Day in 1950.