CS asked to carry orders ‘to the hilt’ or appear before court
Srinagar: The J&K High Court on Thursday criticised the government
for taking its orders regarding implementation of Food Safety and
Standard Act 2006 (FSSA) in a “casual manner” and directed the Chief
Secretary to ensure its various directions are “carried to the hilt.”
Hearing a Public Interest Litigation, a bench of Chief Justice, Justice MM Kumar and Justice Dhiraj Singh Thakur, made it clear that if the needful was not done by August 2, the Chief Secretary shall appear in person on the next date of hearing.
As soon as the hearing in the PIL, which seeks complete implementation of FSSA, began on Thursday senior Additional Advocate General JA Kawoosa moved an application for granting eight weeks more to file status report about the directions issued by the court last month.
However, before allowing the prayer made by the Senior AAG, the court sought details about the measures taken for the implementation of the FSSA.
The bench said that various directions were passed by the court in its orders on December 31 last and May 25 this year for government to comply with.
On December 31, as many as six directions were issued by the court and government was required to file a detailed status report by second week of February, the court said. “However no status report with regard to steps taken for making the provisions of the FSSA effective and visible on the ground has been filed,” the bench said. “Nor necessary staff has been made available to constitute service in terms of the Act, so as to avoid any confusion in its implementation.”
The bench observed that there was also nothing on record regarding lifting of samples on weekly basis from all factories and industrial units which manufacture and produce spices of all kinds.
Besides, in its orders on December 31, the court had directed government to test milk sold in the open market; district magistrates to closely monitor functioning of the authorities responsible for maintaining food standards in their respective districts; to inform it about number of slaughter houses in each district; and lastly it had asked government to provide information about the result of samples referred for testing in the past.
On May 25, the court had sought a report regarding infrastructure, machinery and manpower in Food Testing Laboratory Srinagar to examine adulteration in food items.
“Directions were issued for filling up of various posts and up gradation of Food Testing Laboratories,” the bench said. “We had also highlighted that government may consider giving independent charge of the post of Commissioner (under FSSA) so that he may prove effective in discharge of his duties rather than giving additional charge to an officer already occupied with various other functions.”
In wake of the repealing of Food Adulteration Act by the government, the court said that it has gathered an impression that “earlier mechanism is gone, new mechanism is not in place.”
While senior AAG appeared for official respondents in the PIL, the petitioner Advocate Sheikh Ayoub was present in person alongside advocate TH Khawaja.
Hearing a Public Interest Litigation, a bench of Chief Justice, Justice MM Kumar and Justice Dhiraj Singh Thakur, made it clear that if the needful was not done by August 2, the Chief Secretary shall appear in person on the next date of hearing.
As soon as the hearing in the PIL, which seeks complete implementation of FSSA, began on Thursday senior Additional Advocate General JA Kawoosa moved an application for granting eight weeks more to file status report about the directions issued by the court last month.
However, before allowing the prayer made by the Senior AAG, the court sought details about the measures taken for the implementation of the FSSA.
The bench said that various directions were passed by the court in its orders on December 31 last and May 25 this year for government to comply with.
On December 31, as many as six directions were issued by the court and government was required to file a detailed status report by second week of February, the court said. “However no status report with regard to steps taken for making the provisions of the FSSA effective and visible on the ground has been filed,” the bench said. “Nor necessary staff has been made available to constitute service in terms of the Act, so as to avoid any confusion in its implementation.”
The bench observed that there was also nothing on record regarding lifting of samples on weekly basis from all factories and industrial units which manufacture and produce spices of all kinds.
Besides, in its orders on December 31, the court had directed government to test milk sold in the open market; district magistrates to closely monitor functioning of the authorities responsible for maintaining food standards in their respective districts; to inform it about number of slaughter houses in each district; and lastly it had asked government to provide information about the result of samples referred for testing in the past.
On May 25, the court had sought a report regarding infrastructure, machinery and manpower in Food Testing Laboratory Srinagar to examine adulteration in food items.
“Directions were issued for filling up of various posts and up gradation of Food Testing Laboratories,” the bench said. “We had also highlighted that government may consider giving independent charge of the post of Commissioner (under FSSA) so that he may prove effective in discharge of his duties rather than giving additional charge to an officer already occupied with various other functions.”
In wake of the repealing of Food Adulteration Act by the government, the court said that it has gathered an impression that “earlier mechanism is gone, new mechanism is not in place.”
While senior AAG appeared for official respondents in the PIL, the petitioner Advocate Sheikh Ayoub was present in person alongside advocate TH Khawaja.
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