The Court issued notice to Union agriculture ministry as petitioner of Research Foundation for Science, Technology and Ecology charged the centre with failure to protect country's biodiversity despite giving an assurance to this regard.

A three-judge bench comprising chief justice AS Anand, justice RC Lahoti and justice Doraiswamy Raju issued the notice and asked the Government to file its response in four weeks. Appearing for the petitioner, counsel Sanjay Parikh said that attorney general Soli Sorabjee had informed the court in 1998 about action taken by Government in protecting the biodiversity by bringing biodiversity legislation.

He said Sorabjee had submitted that the government was fully alive to the gravity of the situation andwas taking necessary steps to protect the interest of the nation. As far as basmati rice was concerned, Sorabjee had said Government had already taken steps to challenge the grant of patent.

Giving details of the bio-piracy, which was continuing despite assurances by the government, Parikh said karela, jamun, gurmar and brinjal were patented by Cromak Research Inc under number US6900240 for anti-diabetic properties. He said similarly `Indian Curry' was patented in Japan giving ample examples of the failure of the government to protect the national interest.