‘Tired of scolding your officers’: Court pulls up FDA over suspension of food licences

The FDA first inspected MCA’s BKC premises on August 20 and suspended the licences of five outlets the next day, finding them operated by Shirke Infrastructure despite the licences being in MCA’s name. It found alleged hygiene, storage and food-handling violations. On August 25, the high court ordered a fresh inspection with “proper score… to balance equities” and permitted tea and coffee vending machines.

On Saturday, the high court perused the fresh inspection reports and observed the petitioners “succeeded under every head”. However, Additional Government Pleader (AGP) Priyabhushan P Kakade, on instructions from FDA officers, informed the court that the issue related to privity of contract had remained. The bench termed it a “twist in the matter”.

“Question is whether the officer has understood the law, analysed the law, and given reasons. Why should we not issue a contempt notice? If he doesn’t convince us, he will go to jail. Day in and day out, you (state) are violating our orders. We are tired of scolding your officers, and we should pass some stringent orders and leave it to their destiny,” Acting CJ Ghuge orally remarked to the state.

“We try to balance equities so that your department (FDA) should also not feel discouraged, as you are doing a good job and need encouragement even from the court. At the same time, we are giving you examples: don’t kill a mosquito with a sword. Because we wanted you to measure your actions. But if you feel that you are a lord and you can do anything, we are initiating a contempt notice,” the judge added.

After the high court’s rebuke, AGP Kakade, on instructions from the officer concerned, said that the suspension orders would be withdrawn and separate notices over the issue of privity of contract would be issued to the petitioners with an opportunity to explain their position.

Before concluding the hearing, Acting CJ Ghuge suggested to the FDA that it could amend its rules so that major eateries, and not small-time street stalls, can have their dedicated web pages for citizens to upload their food and hygiene reviews, similar to how it functions in the tourism sector to review hotels.

“This is in the interest of the society and to help the department. Why should not the major eateries, like how you find in festival countries, have their own web page? Let the department think of it. The citizens can upload their views about hygiene, food and taste,” the judge orally said.