Authorities resorting to dilatory approach, says amicus-curiae
The government on Friday informed the High Court that the food safety commissioner would be appointed shortly after the cabinet clears his name, even as amicus-curiae Bashir Ahmad Bashir pressed for holding the chief secretary responsible for the “government’s failure to implement the court orders.” As soon as the suo-moto public interest litigation against food adulteration came up for hearing before a division bench of Justice Muhammad Yaqoob Mir and Justice Ali Muhammad Magrey, the additional advocate general Muhammad Iqbal Dar informed the bench that the next cabinet meeting scheduled shortly will clear the name of an officer as food safety commissioner.
The amicus-curiae, however, told the court that the government is resorting to a dilatory approach with regard to court directions and the authorities should be held accountable for defying the court orders.
“They (authorities) are resorting to a delaying tactic; otherwise it could not take so long to post an IAS officer as food commissioner. The post has already been created, still there is delay,” he said.
He submitted that the court orders passed from time to time can be implemented only if the chief secretary is asked to give an undertaking that he would implement the orders in a time-bound manner, “failing which, the chief secretary should be made responsible for consequences.”
Advocate Dar told the court that the health and medical education department had earlier submitted a proposal to the finance department—through the general administration department—for creation of posts of commissioner, food safety along with the supportive staff.
“But the department has cleared the proposal only to the extent of creation of post of commissioner, food safety, about which the court was already informed,” he pleaded.
The state counsel said that with regard to supportive staff , a proposal has been re-submitted to the finance department which has convened through a communication its agreement for creation of three posts for the office of commissioner—private secretary, junior assistant, and an orderly.
The finance department, Dar said, has also agreed that other need-based staff shall be considered separately. For driver’s post, he submitted that the department has requisitioned it from State Motor Garages.
“Once it is concluded that an office of independent food commissioner is established, it will pave way for the implementation of the food laws,” the court was told.
With regard to food testing laboratories, the court was informed that the erstwhile forensic laboratory is still operating from the same place despite several communications sent to the police in this regard.
“Once again, the director general, police has been requested but nothing concrete has been done on his part,” the court was told.
The court was informed that in Kashmir division, of 876 samples lifted, 682 have been tested so far and 98 were found in contravention with the provisions of food safety and standards (packaging and labeling) regulations, 2011.
For the staff of food safety appellate tribunals, the government informed the court that the posts are required to be filled up through a proper selection process which has been initiated by the services selection board.
After hearing the arguments, the court said that it will pass orders.
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