Jammu December-02-2023-:- Justice Vinod Chatterji Koul quashed the Govt order whereby Govt issued some restriction on marriages.
This significant order has been passed in a petition challenged Government order No. 39-FCS&CA of 2017 dated 20.02.2017 which has been issued by the Government of Jammu and Kashmir through Secretary to Government, Department of Food, Civil Supplies & Consumer Affairs, by virtue of which, there was complete ban on sending dry fruits/sweet packets etc. with invitation cards by any person to relatives, friends, guests, invitees etc.; and use of amplifiers/loud speakers/fire crackers in any function; and number of guests to be invited on marriage of daughter (Barat), marriage of son and small functions like engagement of son/daughter and other small functions have been restricted to a maximum of 500, 400 & 100 respectively; as also number of non-veg/veg dishes to be cooked in such function have been restricted to a maximum of 07 each and two stalls of sweets or fruits; as well as there was no wastage of any food items etc. By virtue of the said order, thus, the Government had restricted the number of guests as well as number of dishes to be served in marriage function. The said order is claimed by the Government to have been issued under the provisions of The Essential Commodities Act, 1955.
Justice Vinod Chatterji Koul after hearing Adv Parimoksh Seth for the petitioner, observed that Section 3 of the Essential Commodities Act indicates that if the Government is of the opinion that it is necessary or expedient so
to do for maintaining or increasing supply of any essential commodity or for securing their equitable distribution and availability at fair prices, it may, by order provide for regulating or prohibiting the production, supply and distribution thereof or trade or commerce therein. From the provision referred to above, it cannot be said by any stretch of imagination that the legislature intended by the said provision that the Government can issue such an order or regulate the personal affairs of the life of an individual and infringe upon the freedom of a citizen to live with dignity. The main object for which Section 3 of the Act has been enacted is that the provision is made for making the essential commodities available to the citizens at a reasonable price and is distributed equitably. The order in question has not been passed for fixing the price of the essential commodity and making the same available to the citizens at reasonable price or making its distribution equal but the order fixed the number of guests, who can attend the function and the quantity of food stuffs which are to be served to the guests.
Justice Vinod Chatterji Koul further observed that the impugned order passed by the Government being beyond the scope of Section 3(1) of The Essential Commodities Act, 1955 is unenforceable which is also violative of fundamental rights of the citizens. Therefore, for the reasons stated above, this petition is allowed and the order impugned i.e., Government order No. 39-FCS&CA of 2017 dated 20.02.2017 is quashed.