Food safety measures: High Court directs JK Govt to furnish compliance report

‘If Report Is Not Furnished, Chief Secretary Shall Have To Appear In Person’

Srinagar, Nov 27:  The J&K High Court Tuesday directed the state government to file a report about the steps it has taken with regard to the mandate of the Food Safety and Standards Act in the state following the court directions on the issue from time to time. The Court said if the report is not furnished, the State Chief Secretary shall have to appear before it in person on the next date of hearing.
 A division bench of High Court comprising justice Mansoor Ahmad Mir and Justice Muzaffar Hussain Attar passed the direction on a Public Interest Litigation by Advocate Muhammad Ayoub Sheikh seeking implementation of Food Safety and Standard Act, 2006 and Food Safety and Standard Rules, 2011.
 The court said in the interest of justice it was deemed proper to direct the government to comply with the directions passed from time to time and file a compliance report.
 The division bench also directed the government to file an affidavit indicating the measures taken for implementing the recommendations of the committee on implementation of Food Safety and Standard Act, 2006 and Food Safety and Standard Rules, 2011.
 The court also asked the respondents to take samples from the across the state, get them examined and submit the report of the experts to the court.
 The court directed the Commissioner of Food and Safety , Jammu and Kashmir, to appear in person before it on the next date of hearing.
 Earlier the court had expressed dissatisfaction over the reply the state filed to the PIL, saying it was not in sync with the court directions.
 Pertinently, the court on March 28, 2012 had directed the government to file compliance report vis-à-vis the steps taken by it to implement the Act and the Rules.
 The Court had directed the Divisional Commissioners Kashmir and Jammu, and Commissioner Food Safety J&K to file compliance report within two weeks while issuing notice to the government to file reply to the PIL. The PIL contends that the food safety issue has a pivotal importance and requires to be taken with seriousness.
 According to the PIL, Food Safety Act 2006 and Food Safety & Standards Rules of 2011 provide that the post of Commissioner Food Safety should be manned by a person of Commissioner/Secretary rank, while in J&K an In-charge Drug Controller has been assigned the job, who “lacks the basic eligibility and qualification.”
 According to the PIL, the present incumbent is “not competent” to hold the post and sanction any prosecution and he is not in a position to take any action against the person found guilty under the Act and Rules.
 The petition alleges that the adulterated food items are openly sold and many spices and edibles in the market are unsafe for consumption as the Act and Rules have not been implemented.
 Senior Additional Advocate General A M Magray represented the state .

Food adulteration: HC asks govt to examine samples across JK
Srinagar: Observing that food adulteration caused most diseases, Jammu and Kashmir High Court on Tuesday directed the state government to take samples of food items from entire state and get them examined by experts.
The directions were passed by a division bench of the high court comprising justices Mansoor Ahmad Mir and Muzaffar Hussain Attar while hearing a Public Interest Litigation, seeking implementation of Food Safety and Standard Act, 2006 to check food adulteration in the state.
The bench also directed the government to submit the report of the experts to the court within two weeks.
On 1st June, the court had directed government to comply with the mandate of the Food Safety and Standard Act, 2006. “They have failed to do as on date,” the bench said.
Thereafter, the bench said, the government constituted a Committee which has made some recommendations regarding the food safety measures.
“Consequently, in terms of order dated 31 June, the respondents were directed to file an affidavit indicating therein as to what measures have been taken for implementing the recommendations,” the bench said, adding, “The affidavit was required to be filed within two weeks but they failed.” 
In the given circumstance, the bench said: “In the interests of justice, we deem it proper to direct the State Government to comply with the Court directions passed from time to time and report compliance within two weeks.”
In default, the bench said Chief Secretary of the state shall appear in person before the court. “Further, we direct the Commissioner of Food and Safety, Jammu & Kashmir, to appear in person on the next date of hearing.”
In June, the court had given three months time to the government to implement the Food Safety and Standard Act, 2006.
The PIL, filed by a lawyer—Sheikh Muhammad Ayoub, states that non-implementation of the FSSA in the State is a grave issue and requires to be dealt with all seriousness.
According to the PIL, the Act provide that the post of Commissioner Food Safety should be manned by a person of Commissioner Secretary rank, while in J&K an in-charge Drug Controller has been assigned the job, who “lacks the basic eligibility and qualification.”
The petition alleges that the adulterated food items were openly sold and many spices and edibles in the market were unsafe for human consumption as the Act and Rules have not been implemented.
Advocates Tasaduq Khwaja and Javed Hameed appeared on behalf of the petitioner while government was represented by Additional Advocate General A M Magray, Government advocate Shah Aamir.

HC directs Govt to check food adulteration

Srinagar, Nov 27: In response to the Public Interest Litigation filed in High Court to curb food adulteration in the State, Jammu and Kashmir High Court Tuesday directed the government to take samples from the entire State, get them examined, submit the report to experts, file the affidavit and directed to comply with the court directions passed from time and time.
The directions were passed by the bench comprised of Justice Mansoor Ahmed Mir and Justice Muzaffar Hussain Attar.
The Public Interest Litigation filed in High Court to curb food adulteration in the State was listed today and would be listed again after two weeks.
The bench directed respondents to take the required steps, and asked Chief Secretary of the State to appear in person.
The bench directed the Commissioner of Food and Safety, Jammu and Kashmir to appear in person on the next date of hearing.
Previously, the court directed the State to comply with the mandate of the Food Safety and Standards Act, 2006, which they failed.
Thereafter the respondents constituted the committee and the committee made some recommendations.
Earlier, the court directed the State to file an affidavit indicating therein as to what measures had been taken for implementing the recommendations, which they had failed to file.