Srinagar, June 10: The State High Court today directed the Government to initiate process for setting up of testing laboratories, manpower and other infrastructure like transport facility to check and curb the food adulteration across the State.
The direction was passed by the Court after the amicus curie senior advocate Bashir Ahmad Bashir informed the Court that nothing is being done on ground except paper work by the Government functionaries. He submitted before the court that 4 posts in the Food Safety department have been referred to Service Selection Board six years ago but till date the department has not been able to fill these posts.
The amicus curie further submitted that there is no laboratory functional, no manpower, and no scientist and how State expect that the food adulteration be curbed and stopped and ‘without manpower if machines are available in the department those will get rusted’.
The court told Advocate General of the State that he (Advocate Bashir) is submitting harsh realities. “Manpower is the fundamental issue. If you fail in it then court shall proceed in the manner, in which it is required to proceed” court further added.
Court after hearing a battery of lawyers including those who represent manufacturing and food processing unit holders directed the Government to set up testing laboratories and other infrastructure to curb the food adulteration.
“The respondent-state to initiate action in setting up of testing laboratories one at Srinagar and one at Jammu”, directed the Division Bench of Justice MH Attar and Justice Ali Mohammad Magrey ‘with the hope and trust’ court said that before next date two laboratories would be made functional.
Court also directed for providing technical manpower which is required in terms of the FSS Act of 2006 and rules made there under. “The recruitment shall be made on fast track basis and as far as possible appointments made before the next date,” court said adding “The laboratories shall be fully equipped before the next date to make them functional”.
With regard to transport facility to the department, the court said the mobile vans shall also be purchased and put to service before the next date and order the listing of PIL for further consideration in the week commencing from July 11.
Meanwhile, court directed all those manufacturers and unit holders who have not filed their undertakings in terms of Supreme Court directions, to file their undertakings before the next date.
It may be mentioned here that the High Court had earlier directed to all the food manufacturers and food processing unit holders for filing of undertaking before the Registrar Judicial of the court indicating therein that in case their food items are found adulterated then their units shall be sealed by the authorities.
The traders body has challenged the DB order before the apex court and the apex court recently modified the order with regard to providing of undertaking to the extent that in the event the food item of any manufacturing and processing unit is found adulterated then authorities will take action as per law instead of sealing their units.
“Instead of sealing the concerned authorities shall take necessary action as per provisions of the act. We are modifying only this part of the order”, Supreme Court said while modifying the order of High Court.
Court also after perusal of the status report of the Government said that it does not show that some steps have been taken in implementing the provisions of food safety and standards act but a lot is required to be done to alleviate and ease the sufferings of the people.
The suo moto cognizance has been taken by the court after various reports coming in media about the lack in checking the poor consumption of foods in the Valley and about the food items like oil, milk etc consumed by general masses according to the reports are contaminated and such kind of adulteration have flooded the markets of the Valley as there is no mechanism in place to check the purity of eatables.
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