Bombay High Court Criticizes FDA for Bias Against Restaurants
Court's Strong Stance on FDA's Actions
On Friday, the Bombay High Court reprimanded the Maharashtra Food and Drug Administration (FDA) for its biased enforcement actions against restaurants and hotels in the city. The court mandated that corrective notices be issued to the ministry's canteens after a committee of lawyers discovered unsanitary conditions and the presence of insects during their inspection.
The court pointed out that the FDA was giving a 'clean chit' to government canteens while strictly penalizing private establishments. A committee of four lawyers, appointed by the High Court, inspected three canteens within the state secretariat and submitted a report highlighting that these canteens were not clean, with broken sewage and drainage systems, and cockroaches and flies found on the kitchen floors. This report contradicted the FDA's claim that the canteens were complying with 98% of the regulations.
The bench, comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad, emphasized the need for the FDA to adopt a 'fair, non-discriminatory, and equal approach' in its actions against hotels and restaurants, including those of government and semi-government institutions. The court raised questions about the FDA's '98% cleanliness' certification for the ministry canteens after reviewing several photographs submitted by the committee.
The court expressed frustration over the FDA's issuance of a suspension notice to the Purnima restaurant in South Mumbai for similar deficiencies while the ministry canteens were deemed compliant. Senior lawyer Venkatesh Dhond, representing Purnima, argued that the FDA had not followed due process in issuing the suspension notice. The High Court responded, stating, 'Then suspend the ministry canteen's license as well.'
The court insisted on equality, stating, 'Either suspend this license or reinstate Purnima's. We want equality; everyone is equal in this country. No one is above the law.' Following this, FDA lawyers indicated that the suspension notice for Purnima would be converted into a corrective notice, and a re-inspection would take place.
The High Court accepted this and ordered that the suspension notice for Purnima restaurant be transformed into a 'show cause corrective notice,' and similar notices would be issued to the three ministry canteens. The next hearing is scheduled for August 6, with the court stating, 'These places will be given time until Tuesday, and the FDA will conduct a re-inspection on Wednesday.'
The bench instructed FDA Commissioner Tukaram Munde to review the reports submitted by his officials that claimed the ministry canteens were adhering to 98% of the regulations and to take appropriate action against them for 'lying.'
While acknowledging the commendable work of the FDA and Commissioner Munde, the bench stressed the importance of fairness. 'We appreciate the department's efforts, but we simply want them to treat everyone equally. They should not show favoritism towards any one party. They need to remain impartial and honest.'
Earlier in the day, the FDA presented a chart in court detailing all eateries and canteens, including the three within the court premises and the ministry, as well as private clubs across the city. According to the chart, the ministry canteens scored 98% in cleanliness. The court expressed skepticism and requested the FDA to provide photographs and video footage taken during the inspections.
The court stated, 'Show us the pictures and videos of the ministry canteens taken during the inspection. According to the FDA, the canteens are completely clean. You (FDA) have presented images from the inspection of Purnima restaurant.'
The court reiterated the need for equal and fair treatment, stating that the FDA could not solely target private establishments. It also sought information from the FDA regarding the conditions and criteria under which corrective notices were issued to some food establishments while others received suspension notices.