Bombay High Court Criticizes FDA for Biased Actions Against Restaurants
Court's Strong Remarks on FDA's Conduct
On Friday, the Bombay High Court reprimanded the Maharashtra Food and Drug Administration (FDA) for its biased 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 investigation.
The bench, led by 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 in government and semi-government canteens.
The court raised concerns regarding the FDA's '98 percent cleanliness' certification for the ministry's canteen. The bench instructed a team of four lawyers to promptly inspect the canteen and report back on the conditions by the afternoon. The lawyers quickly conducted their inspection and submitted a report revealing unsanitary conditions, including broken sewage, open drains, and the presence of cockroaches and flies on the kitchen floors and walls.
After reviewing the photographs submitted by the committee, the bench expressed astonishment and insisted that the FDA should also issue a notice to the ministry's canteen. The court was displeased that the FDA had issued a 'suspension notice' to the Purnima restaurant for similar deficiencies while declaring the ministry's canteen compliant with 98 percent of the regulations. Senior lawyer Venkatesh Dhond, representing Purnima restaurant, informed the court that the FDA had issued the 'suspension notice' without following due legal process.
The High Court remarked, 'Then suspend the license of the ministry's canteen as well. Either suspend this license or reinstate Purnima's license. We seek equality; every individual in this country is equal. No one is above the law.' Following this, FDA lawyers stated that the suspension notice for Purnima would be converted into a corrective notice and a re-inspection would be conducted. 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 three of the ministry's canteens. The court scheduled the next hearing for August 6.
The court stated, 'These establishments will be given time until Tuesday, and the FDA will conduct a re-inspection on Wednesday.' The bench directed FDA Commissioner Tukaram Munde to review the reports submitted by his officials, which claimed that the ministry's canteens adhered to 98 percent of the regulations, and take appropriate action against them for 'lying.' The bench acknowledged the commendable work of the FDA and Commissioner Munde but insisted that the agency must remain impartial. They stated, 'We appreciate the department's work, but we simply want them to treat everyone equally. They should not show favoritism. They need to be fair and honest.' Earlier in the day, the FDA presented a chart detailing all eateries and canteens, including three canteens located in the court complex and the ministry, as well as private clubs throughout the city. According to the chart, the ministry canteen received a cleanliness score of 98 percent.
The court expressed skepticism regarding this and requested the FDA to provide photographs and video footage taken during the inspection. The court stated, 'Show us the images and videos of the ministry's canteen taken during the inspection. According to the FDA, the canteen is completely clean. You have presented images from the inspection of Purnima restaurant. Treat everyone equally and fairly. You cannot target only private establishments.' The court also sought information from the FDA regarding the conditions and criteria based on which some food establishments received corrective notices while others were issued direct suspension notices.