Clubbing petition by Food Analyst Kashmir Hamidullah Dar challenging strictures passed by Judicial Magistrate Budgam, the High Court asked its Registry to club the petition with PIL against the food adulteration that the court is already hearing.
The Jammu and Kashmir High Court on Friday held that the government is free to conduct inquiry against Food Analyst Kashmir that has been initiated against him following the directions of a Budgam court in Food Adulteration case.
Clubbing petition by Food Analyst Kashmir Hamidullah Dar challenging strictures passed by Judicial Magistrate Budgam, the High Court asked its Registry to club the petition with PIL against the food adulteration that the court is already hearing.
“Registry shall take steps for listing the matter along with the PIL after seeking orders from the Chief Justice. Till listing of the matter along with the PIL, respondents are free to conduct inquiry against the petitioner already initiated,” a bench of Justice Ali Muhammad Magrey said in its order.
Court of Judicial Magistrate Budgam imposed Rs 9 lakh penalty on a dairy company-- M/s Khyber Agro Farms Pvt Ltd, Lethpora Pampore-- and sentenced its in-charge operation, Muhammad Shafi Ganie to six months imprisonment under sections-- 51 (sub standard), 52 (misbrand) and 59 (unsafe food) of the Food Safety and Standard Act 2006 after laboratory tests found presence of detergent in its toned milk samples.
Expressing its displeasure over his conduct, the court directed to remove Food Analyst Hamidullah Dar from the present assignment saying process should be initiated against him to declare him deadwood.
“Let displeasure of the court be conveyed and reflected in his serve records as this court lacks trust in him and justice has been all time casualty at his hands,” it said.
“Person like Hamidullah Dar is more dangerous than a fatal disease like cancer for the entire nation and incapacity and compromise with the nature of job like Food analyst Kashmir cannot be accepted by any standards of expectations where lives of the citizens are involved” the court observed.
The Sessions Court Budgam, subsequently, stayed the judgment
In a Plea, Dar has approached now High court seeking directions for expunging the strictures made against him by the court of Judicial Magistrate Budgam and against his inquiry initiated by the government in compliance of court directions.
Additional Advocate General M I Dar while questioning the maintainability of the petition told the court that the order under challenge is appealable before court of Sessions Judge Budgam. He said the accused has already preferred an appeal before the said Sessions Court and the Judgment of trial court has been stayed.
He also submitted that a division bench of High court is seized of the matter related to adulterated food in the PIL no 3 /2016 which, he pleaded, has direct bearing on the issue involved in the present petition.
“Notwithstanding the observations of the judicial magistrate in the judgment, otherwise also the government is not powerless to deal with the petitioner for his alleged involvement in allowing the people to consume adulterated food items,” he pleaded.
Referring to Supreme Court Judgment, Counsel for petitioner, Altaf A Haqani, pleaded that in terms of Article 226 of the Constitution of India and under Section 561-A of CrPC, the petition is maintainable.
After hearing the parties the court directed its Registry shall take steps for listing the matter along with the PIL (03/2016) after seeking orders from the Chief Justice. “Till listing of the matter along with the PIL, respondents are free to conduct inquiry against the petitioner already initiated,” the court said.
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“Person like Hamidullah Dar is more dangerous than a fatal disease like cancer for the entire nation and incapacity and compromise with the nature of job like Food analyst Kashmir cannot be accepted by any standards of expectations where lives of the citizens are involved,” the court observed.
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