A division bench of Justice MuzaffarHussain Attar and Justice Janak Raj Kotwal however asked senior Additional Advocate General N ABigh to file response to the suggestions of the Amicus.
The Jammu and Kashmir High Court on Tuesday took on record suggestions made by senior counsel and Amicus Curie, Bashir Ahmad Bashir, on curbing of the menace of food adulteration.
A division bench of Justice MuzaffarHussain Attar and Justice Janak Raj Kotwal however asked senior Additional Advocate General N ABigh to file response to the suggestions of the Amicus.
After taking suo-moto cognizance of news reports in Greater Kashmir on food adulteration and rising cancer incidence in the Valley last month, the High Court treated the reports as a Public Interest Litigation and initiated its own proceedings against the government.
The Amicus Curie suggested that Chief Secretary of the State, Commissioner/Secretary Health & Medical Education Department, Secretary Health and Family Welfare Government of India, Director Health Services Kashmir and Jammu, Commissioner Municipal Corporation Kashmir and Jammu, Drug Controller of the State, all Deputy Commissioners of the State and all recognized Food Testing Laboratories in the State be arrayed as respondents in the PIL.
Underscoring that the Food Safety & Standards Act is applicable to entire India and the State of J&K, the Amicus suggested that in terms of the provisions of the Act, it must have scientific committee or panel of advisory committees at central level; and to execute the provision of law under sections 29, 30, 36, 37 & 38 of the Act, each State must have a Commissioner Food, State Food Safety Officers, designated Officers appointed by the Food Commissioner.
“The powers of the Food Safety Officer have been provided under section 38 of the said Act, while as recognition and accreditation of laboratories, research institutions and referral Food Laboratories is provided under section 43. Food Analyst and functions of the Food Analysts and sampling of food items is provided under Sections 45, 46 and 47 of the Act.”
The Amicus suggested that information regarding relevant State functionaries under the Act is required to be furnished by the respondents which include name of the Food Commissioner of the State and his date of appointment, names of the State Food Safety Officers, names of Designated Officers appointed by the Food Commissioner, name and composition of Food Safety Appellate Tribunal, names of Adjudicating Officers of the Tribunal.
The Amicus suggested that the official respondents are also required to furnish the details about district-wise population, district-wise number of recognized scientific food-testing laboratories established by the State along with requisite machinery and equipment; district-wise number of Food Safety Analysts along with their qualifications and district-wise staff-strength of food-testing laboratories.
Court has to do intervene to solve adulteration problems
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