Mumbai: Observing that the Maharashtra government has failed to apply its mind on the advisory issued by the Union government regarding distribution of ration, the Bombay High Court pulled up the state for not seeking additional foodgrains from the Food Corporation of India (FCI). The High Court has asked the government to take a decision on the issue, at the earliest.
A bench of Justice Suresh Gupte said the government failed to take the benefit of the advisory, and the additional foodgrains could have been distributed to the wandering tribes and the poor and needy who have no valid ration cards. The significant order was passed after the state filed an affidavit in response to the petition filed by a Pune based activist Vanita Chavan.
She urged the bench to issue directives to the state government to provide free ration to those, who have no ration card, at least during the present lockdown period. She claimed that there had been improper distribution of food grains through state run ration shops.
In response to Chavan's plea, the state had in its affidavit said it would not be giving free ration to those who do not have a valid ration card. However, the government had clarified that it was giving ration to even those citizens who have not linked their ration cards with Aadhaar cards.
Having perused the affidavit, Justice Gupte said, "The response of the state indicates that it has not applied its mind to the directive issued by the Union government to the Food Secretaries of all states vide letter dated 7 April 2020." By virtue of this directive, all states and union territories were allowed to take more foodgrains than their requirement under the Open Market Sale Scheme (OMSC).
The union has advised the governments of all states and union territories to take additional quantity of foodgrains from FCI under OMSC for committing their requirements for non-NFSA category persons, that is to say, persons not covered under the National Food Security Act," Justice Gupte noted. The bench further said that had the government taken additional quantity of foodgrains, the same could be used for those who have no ration card.
"It is possible for the state to act under this advisory and take additional foodgrains from FCI for the needs of wandering tribes and other people stranded across Maharashtra, who do not hold ration cards and who come under non-NFSA categories," Justice Gupte observed. "On this aspect, the state has not so far formulated its response.
Considering the peculiar situation as a result of Covid-19 pandemic and the lock-down, it is imperative for the state to take a decision on this issue," Justice Gupte held. The bench has accordingly adjourned the matter till Wednesday, with a directive to the state to file an affidavit specifying its stand.
