KARACHI, Aug 22: The High Court of Delhi while setting aside the notification of the Indian government has allowed the export of contracted quantities of chickpeas (black gram) to Pakistan.

The court, however, advised the exporters to seek necessary permission from the office of director general of foreign trade.

The high court in its judgment of August 18 had struck down the impugned notification issued by the government on July 4, giving retrospective effect to the ban imposed on export of black gram and pulses and termed it “bad in law.”

The Trading Corporation of Pakistan had floated international tenders for the import of black gram and dal mash in June this year and contracts were awarded to three firms. L/Cs for imports from India opened on June 24.

However on June 27, the Indian government imposed a total ban on export of various products, including black gram. Since the L/C for TCP purchases had already been established, it was generally believed that the ban would not affect the procurements.

Subsequently, the Indian director general of foreign trade issued another notification on July 4 this year, giving retrospective effect to the ban from June 22, 2006, as the decision of the government prohibiting the export of pulses was not widely publicized on June 22 in the electronic and print media. The notification was issued “in public interest”.

The decision was challenged by Agri Trade India Services (Pvt) Ltd, the local agents of one of the suppliers -- Agri Corp Singapore.

Regular hearing of the case came up on August 11, which dwelled on various intricate aspects and legal issues concerning “public interest” as well as the legality of the government action.

TCP sources said the contracted quantity of black gram was awaiting shipment at Kandla port, India, and as soon as permission was granted by the

Indian Union, the consignment would sail to Pakistan. However, the right of appeal has also been granted to the respondent and shipments may be further delayed.