Seeks Status About Mobile Food Testing Laboratories in J&K
Srinagar: Expressing dissatisfaction over its compliance report, the
J&K high Court has directed government to take necessary steps by
providing all basic ‘paraphernalia’ for making the provisions of the
Food Safety and Standard Act 2006 (FSSA) “effective and visible on the
ground.”
In this regard, a division bench of the court comprising Justices
Mohammad Yaqoob Mir and Janak Raj Kotwal directed Commissioner Secretary
Health and Medical Education to file a “better affidavit” within three
weeks “which must be totally in-keeping with direction (a)” issued on 31
December last year.
“(The affidavit) shall indicate as to what steps have been taken for
ensuring strict compliance,” the bench said after perusal of a
compliance report regarding “comprehensive proposal” which according to
the Commissioner Secretary was under the “active” consideration of the
Government for the implementation of Act.
On March 12 last, the court had asked the Commissioner Secretary about
the time to be taken by it for finalization of the comprehensive
proposal.
In response, the Commissioner Secretary submitted that 12 posts of
Assistant Commissioners of Food have been created and the process for
filling up of all these posts was under consideration.
“The comprehensive proposal perhaps has been confined only to the
creation of the 13 posts,” the court said, adding, “The proposal must
take into its sweep all the requirements of the direction (a).”
On December 31, the J&K High Court had issued six directions to
authorities as a track “to ensure people of the state are provided safe
food items and eatables.”
With regard to direction on the problem of adulteration in milk, the
Commissioner Secretary filed compliance report which court observed
suggested that a project report has been procured from Commissioner of
Food Safety, Gujarat where Mobile Food Testing Laboratories have been
put in place with success.
The court further observed as per a Communication addressed by
Controller, Drugs & Food Control Organization to the Commissioner
Secretary is suggestive of the fact that the proposal for setting up the
Mobile Food Testing Laboratories is under active consideration of the
Government.
After the perusal of the report, the bench directed the Commissioner
Secretary to file an affidavit within three weeks so as to indicate the
status vis-a-vis setting up of Mobile Food Testing Laboratories in the
State.
The court also directed the Commissioner Secretary Commissioner to file
within three weeks an affidavit as to what measures have been taken to
provide requisite technical staff and the latest equipments to the
concerned food testing Laboratory.
The directions followed the observation by the court that taking the
samples shall be result oriented only when testing process is carried
out well in time. “When a Laboratory is suffering from its internal
ailment, as there is no man-power and latest equipments, the object will
get frustrated.”
Regarding the direction to the authorities about taking samples on
weekly basis from all factories and industrial units which manufacture
and produce spices of all kinds, the court reiterated and directed that
process of taking samples shall be increased.
“The action taken report shall also be submitted on next date of hearing on 1st May,” he said.
The directions were passed by court while hearing a Public Interest
Litigation filed by a lawyer Sheikh Ayoub, seeking implementation of the
FSSA in the state.
While Additional Advocate General J A Kawoosa, B A Khan and S A Makroo
appeared respondents in the case, the petitioner appeared in person
along with advocate T H Khawaja.