Supreme Court has stayed the order of JK High Court wherein the court haddirected three food companies to deposit an amount of 10 crores each with Director Sher-Kashmir Institute of Medical Sciences (SKIMS), Soura.
The three member bench headed by Chief Justice P Sathasivam suspended the impugned order of high court for four weeks.
Earlier the companies had approached the Supreme Court against the high court verdict through senior Lawyer Zafar Ahmad Shah pleading they were not party to the case wherein they were asked to deposit the amount.
The Jammu Kashmir High Court had also directed the director SKIMS to file a report regarding the nature of diseases which can be caused due to the colouring agents which has been found in the spices and the material present in the toned milk.
Court also asked director SKIMS to keep the amount in a separate account and to wait for further orders from the court for its utilization and to inform the registrar judicial after two weeks as to whether the amount has been submitted or not.
The division bench had observed that the effected people would have spent huge amount on treatment besides mental trauma. ”At this stage, it may not be possible to identify all such persons but the treatment has to be meted out to the people who have suffered or who may suffer from various diseases,” court further observed.
The directions where issued after petitioners Advocate Sheikh Muhammad Ayoub and T.H Khawaja submitted before the court that some spices and milk has been found unsafe by the Central Food laboratory, Kolkatta.
A Public Interest Litigation (PIL) regarding food safety is already submitted in the court seeking directions to the state for enforcing Food Safety Standards Act, 2006 and rules made there under with reasonable promptitude.
The division bench had also observed that the documents submitted by the petitioners reveal that toned Khyber Milk which is marketed under the brand name of Khyber milk bearing lot No. MD E S P 17 having manufacturing date July 2013 was found by the central Food Laboratory, Kolkata to be unsafe/misbranded/ substandard vide their analytical report ref No. G.14-6/DO/2013 (pt.1)-725 dated November 25. As per the reports Detergent was also found in the sample of milk.
The report has also declared Turmeric Powder unsafe which is manufactured by AVON Agro Industries Pvt Ltd C-35/23 Lawrence Road New Delhi. The sample had shown presence of Tartrazine (a colouring Matter) which can cause a fatal disease. Similarly the CFL has reported about Saunf powder produced by
Kanwal Agro Food Industries P21/B6 to be unsafe as results showed presence of Carmoisine and Tartrazine.
Taking Strong cognizance of the print media reports, the case was listed at 2pm on Monday and Deputy Commissioner Food Safety Kashmir was directed to be present in the court.
Counsel for the petitioners submitted that the results would show that people are made to consume these spices and milk which endanger their lives as they are source and cause of fatal disease.
Court also directed DC Food Safety to send copies of the result from Central Food Laboratory Kolkatta to
Director SKIMS Srinagar.
The division bench had further directed the government to give vide publicity in the print and electronic
media about the suspected food items so as to create general awareness in the public for non use of these
food items.
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