ITEM NO.1??????????????????? COURT NO.1???????????????????? SECTION PIL
 
 
 
????????????? S U P R E M E?? C O U R T?? O F?? I N D I A
 
?????????????????????????? RECORD OF PROCEEDINGS
 
 
 
WRIT PETITION (CIVIL) NO(s). 260 OF 2005
 
 
 
ARUNA RODRIGUES & ORS.??? ????????????????????????????????Petitioner(s)
 
 
 
??????????????????????? VERSUS
 
 
 
UNION OF INDIA & ORS.???????????????????????????????????? Respondent(s)
 
 
 
(With appln(s) for directions, intervention, interim Relief, stay, vacation/modification of Court's?? Order?? dated?? 22.9.2006,ad?? interim? orders, impleadment, clarification?? of?? court's order and office report ) WITH W.P(C) NO. 115 of 2004 (With appln. for directions )(For final disposal)
 
 
Date: 08/05/2007? These Petitions were called on for hearing today.
 
 
CORAM :
 
??????? HON'BLE? THE CHIEF JUSTICE
 
??????? HON'BLE MR. JUSTICE TARUN CHATTERJEE
 
??????? HON'BLE MR. JUSTICE D.K. JAIN
 
 
For Petitioner(s)??????? Mr. Prashant Bhushan,Adv.
 
 
???????????????????????? Mr. Sanjay Parikh, Adv.
 
??????? ?????????????????Ms. Anitha Shenoy, Adv.
 
????????????????????????????????? Mr. A.N. Singh, Adv.
 
????????????????????????????????? Mr. Jitin Sahni, Adv.
 
 
 
For Respondent(s) Mr. A. Sharan, ASG
 
????????????????????????????????? Ms. Shashi Kiran, Adv.
 
?? ???????????????????????????????Mrs. Anita Sahani, Adv.
 
????????????????????????????????? Mr. D.S. Mehra, Adv.
 
??????????????????????? ??????? ???For Mrs Anil Katiyar,Adv.
 
 
??????? ??? ???????????????????Mr. Abhijat P. Medh ,Adv
??????? 
??????? 
??????? ??? ???????????????????Mr. Jitendra Mohan Sharma ,Adv
 
 
????????????????????????????????? Mr. S. Hariharan ,Adv
 
????????????????????????????????? Mr. Rajeshwari H., Adv.
 
?????????????? ??????????? ??????? ????Ms. Srikala Gurukrishna Kumar ,Adv
 
??????????????????????????????????????????????????? ???2
 
 
?????????? UPON hearing counsel the Court made the following
 
?????????????????????????????? O R D E R 
 
??????? I.A.No.4,14 & 15
 
 
 
??????? Union?? of?? India?? is?? seeking?? modification?? of?? the?? order?? passed?? by?? this Court on 22.9.2006.? By the said order, this Court? had directed the Genetic Engineering?? Approval?? Committee?? (GEAC)?? to?? withhold?? approvals?? till?? further instructions?? to?? be?? issued?? by?? this?? Court?? on?? hearing?? of?? all?? concerned.???? The learned ASG submits that in view of the order passed by this Court, GEAC is not in a position to grant approval to various applications which are pending with the? said? authority.?? All? these application? are?? for? conducting? field? trials on?? various?? varieties?? of?? plants.???? GEAC,?? during?? the?? period?? 2.5.2006?? to 22.9.2006, granted approvals in respect of 24 items in respect of Bt cotton, Bt Cauli flower, Bt Brinjal, Bt rice, Transgenic rice, Bt Castor, Ground nut, Transgenic tomato, potato, and other items.?? The field trials are going on in espect? of these items and? this Court in the said order also? noticed that? 91 field testings have been going on.? 
 
??????? Mr.?? Prashant?? Bhushan,?? learned?? counsel?? for?? the?? petitioner?? submits that?? as?? regards?? these?? field?? trials?? sufficient?? precautions?? are?? not?? being?? taken and it is likely that there would be serious Polan Flow contamination to the plants of similar species of the neighboring fields. 
 
??????? The GEAC shall take sufficient precautions to see that these trials are not causing any contamination to the cultivation of neighboring fields. There should?? be?? at?? least?? 200?? meters?? distance?? from?? the?? trial?? fields?? from?? the neighboring field?? having same type of cultivations.?? All the trials which are being?? conducted,?? the?? name?? of?? the?? scientist?? and?? other?? details?? who?? will?? be responsible for all aspects of the trials should be reported to GEAC and they should?? be?? regular?? supervision?? by?? them.???? Prior?? to?? bringing?? out?? the?? GM material from the green house for conduct of open field trials, the approved institution should submit a validated event?? specific test protocol at an LOD of at least 0.01% to detect and confirm that there has been no contamination.
 
?????? As?? regards?? Bt?? cotton,?? we?? are?? told?? that?? GEAC?? has?? already?? granted approval for commercial use of Bt. cotton Cry 1 Ac MON 531, Cry 1 Ac & Cry 2 Ab?? MON,?? GFM?? Cry?? 1A?? gene?? and???? Cry?? 1AC?? gene?? (Event?? 1).???? Several applicants?? sought?? for?? permission?? to?? use?? Bt?? cotton?? for?? commercially.???? The applications are pending with the GEAC. As regards these four species of Bt cotton? varieties,? the GEAC? may give? permission? for? commercial? use, subject to the? usual? conditions imposed.??? GEAC? should? also? satisfy? itself that? these events?? are?? not?? further?? genetically?? modified?? so?? that?? no?? further?? species?? are 
created by such modification.?? GEAC should also verify whether these species by commercial? use create? any toxicity? or? allergenicity? to any? of the users in organic conducted with these varieties of Bt cotton. If any such test has been conducted, the data should be made available to this Court.
 
 
 
?????? I.As. are disposed of accordingly.
 
 
?????? Post the matter in August, 2007.
 
 
 
??????? (R.K. DHAWAN)??????????????????????????????????? (VEERA VERMA)
 
???????? COURT MASTER?????????????????????????????????? COURT MASTER