A petition has been filed with High Court seeking a permanent ban on the export of ilish fish from Bangladesh to India.
The petition also sought the cancellation of the interim government's decision to export 3,000 tons of ilish.
Supreme Court lawyer Md Mahmudul Hasan submitted the petition on Wednesday.
The secretaries of the Ministry of Commerce, the Ministry of Fisheries and Livestock, the Ministry of Foreign Affairs, the chairman of the National Board of Revenue, and the chief controller of the import-export office were made respondents in the petition.
The petition states that ilish is a marine fish primarily found in the Bay of Bengal, which connects Bangladesh, India, and Myanmar. India and Myanmar have significantly larger maritime boundaries than Bangladesh, allowing for greater production of ilish in their waters. Additionally, ilish is available in various rivers in India.
“Thus, there is no need for India to import ilish from Bangladesh, as India primarily imports ilish from the Padma River in Bangladesh. While ilish is a sea fish, it comes to the Padma River to spawn and becomes well-nourished by consuming natural foods, making it particularly delicious. The ilish from the Padma River is renowned for its superior taste and aroma.”
The petition further notes that, according to data from the Bangladesh Fisheries Research Institute, only 10% of the ilish caught in Bangladesh comes from the Padma River. This limited availability is insufficient to meet the demand of the Bangladeshi population.
India primarily imports ilish from the Padma River in Bangladesh. Various media outlets in West Bengal have reported statements from leaders of India's Fish Importers Association, acknowledging that they import ilish from Bangladesh. In fact, all types of fish from the Padma River are exported to India, and significant amounts of ilish are smuggled there. Indian agents and exporters collect and freeze ilish from the Padma River throughout the year, later exporting and trafficking it to India when opportunities arise. As a result, the Bangladeshi public cannot access Padma ilish in the market, and when available, it is sold at excessive prices, making it unaffordable for the average people, the petition further claimed.
The petition states that the ongoing export and smuggling of ilish lead to consistently high market prices, preventing the general public from purchasing it. Additionally, media reports indicate that the interim government's announcement regarding ilish exports has led to a significant increase in the price of ilish in Bangladesh.
According to Bangladesh's export policy for 2021-2024, ilish fish is not freely exportable. Any export requires adherence to specific conditions and proper legal procedures must be followed by the Ministry of Commerce. Ilish falls under the jurisdiction of the Ministry of Fisheries and Livestock, meaning the Ministry of Commerce cannot grant export permission unilaterally without clear approval from the Ministry of Fisheries and Livestock. This would constitute exceeding their authority and violate Article 21(2) of the Constitution of Bangladesh.
Therefore, the petition requests the cancellation of the permission to export 3,000 tons of ilish to India, along with a permanent ban on the export of ilish from the Padma, Meghna, and other rivers of Bangladesh.
Earlier on Monday, the Supreme Court lawyer served a legal notice on the government asking it to take necessary measures to stop the export of hilsa to India in three days.
