New Delhi
Responding to the petition challenging K Chandramouli’s appointment as chairman, FSSAI,in a recent development, the Delhi High Court has asked his counsel to file an affidavit clearing their stand with regard to the appointment’s legitimacy and eligibility in three weeks time.
In an order during a hearing, the High Court stated that with regard to the prayer of quo warranto by the petitioner, its counsel drew court’s attention to Section 5 of the FSS Act and in particular to sub-sections (2) and (3) thereof, which gave an indication with regard to the eligibility of the chairperson of (FSSAI) Food Safety and Standards Authority of India.
According to lawyer-activist Prashant Bhushan, who is appearing for the petitioner NGO Lok Jagriti, the respondent No. 4 (K Chandramouli), who is the chairperson of FSSAI, does not have the requisite eligibility inasmuch as he does not have a broad range of relevant expertise and is not a person who has been associated with the subject, as indicated in sub-sections (2) and (3) of Section 5.
“In this connection the counsel for the respondents may file an affidavit setting out their stand with regard to the respondent No. 4 being eligible for the said position as chairperson of the Food Safety and Standards Authority of India. These affidavits be filed within three weeks,” the court said.
Other issues
It is pertinent to mention here that Lok Jagriti, a year back, had filed a writ petition challenging Chandramouli’s appointment as chairman. The court will hear the arguments on October 10, 2014. The petition had also sought clarity on several other issues pertaining to food testing laboratories,food importers and presence of additives in foods.
Meanwhile, with respect to the request by the petitioner for quashing the order dated 25.4.2013 through which the CFL (FRSL) - Central Food Lab (Food Research and Standardisation Laboratory), Ghaziabad, has been transferred back to Department of Health Services, the respondents through an affidavit stated that the lab is not being shut down. It is only the administration which has been transferred to the Department of Health Services. Further the laboratory at Ghaziabad would be upgraded and was not closed.
Samples
Bhushan also made a point that there was great disparity between the number of samples sent to the four FRSL laboratories at Kolkata, Ghaziabad, Mysore and Pune on the one hand, and private laboratories, on the other hand. In this context, the court has asked the respondents to file an affidavit indicating which private laboratories have been authorised to conduct testing of food samples under the Food Safety and Standards Act, 2006 and/ or Rules and / or Regulations. The respondents shall also file the connected notifications in this respect, if any. The affidavit shall also indicate as to which are the laboratories where samples of imported food articles can be tested under the said Act, Rules and Regulations.
However, since the matter related to sampling is already taken up by the Supreme Court, it is unlikely to be discussed at next hearing.
Additives
The court in connection to use of certain additives pointed out that what is prohibited under the FSS Act, Rules and Regulations, but is permitted under Codex Alimentarius, will still be regarded as prohibited in terms of the law applicable in India.
Responding to the petition challenging K Chandramouli’s appointment as chairman, FSSAI,in a recent development, the Delhi High Court has asked his counsel to file an affidavit clearing their stand with regard to the appointment’s legitimacy and eligibility in three weeks time.
In an order during a hearing, the High Court stated that with regard to the prayer of quo warranto by the petitioner, its counsel drew court’s attention to Section 5 of the FSS Act and in particular to sub-sections (2) and (3) thereof, which gave an indication with regard to the eligibility of the chairperson of (FSSAI) Food Safety and Standards Authority of India.
According to lawyer-activist Prashant Bhushan, who is appearing for the petitioner NGO Lok Jagriti, the respondent No. 4 (K Chandramouli), who is the chairperson of FSSAI, does not have the requisite eligibility inasmuch as he does not have a broad range of relevant expertise and is not a person who has been associated with the subject, as indicated in sub-sections (2) and (3) of Section 5.
“In this connection the counsel for the respondents may file an affidavit setting out their stand with regard to the respondent No. 4 being eligible for the said position as chairperson of the Food Safety and Standards Authority of India. These affidavits be filed within three weeks,” the court said.
Other issues
It is pertinent to mention here that Lok Jagriti, a year back, had filed a writ petition challenging Chandramouli’s appointment as chairman. The court will hear the arguments on October 10, 2014. The petition had also sought clarity on several other issues pertaining to food testing laboratories,food importers and presence of additives in foods.
Meanwhile, with respect to the request by the petitioner for quashing the order dated 25.4.2013 through which the CFL (FRSL) - Central Food Lab (Food Research and Standardisation Laboratory), Ghaziabad, has been transferred back to Department of Health Services, the respondents through an affidavit stated that the lab is not being shut down. It is only the administration which has been transferred to the Department of Health Services. Further the laboratory at Ghaziabad would be upgraded and was not closed.
Samples
Bhushan also made a point that there was great disparity between the number of samples sent to the four FRSL laboratories at Kolkata, Ghaziabad, Mysore and Pune on the one hand, and private laboratories, on the other hand. In this context, the court has asked the respondents to file an affidavit indicating which private laboratories have been authorised to conduct testing of food samples under the Food Safety and Standards Act, 2006 and/ or Rules and / or Regulations. The respondents shall also file the connected notifications in this respect, if any. The affidavit shall also indicate as to which are the laboratories where samples of imported food articles can be tested under the said Act, Rules and Regulations.
However, since the matter related to sampling is already taken up by the Supreme Court, it is unlikely to be discussed at next hearing.
Additives
The court in connection to use of certain additives pointed out that what is prohibited under the FSS Act, Rules and Regulations, but is permitted under Codex Alimentarius, will still be regarded as prohibited in terms of the law applicable in India.
No comments:
Post a Comment