Bombay High Court’s Intervention Leads to FDA License Reinstatement
The Maharashtra Food and Drug Administration (FDA) has retracted its earlier orders that suspended the food licenses of five eateries located at the Mumbai Cricket Association’s (MCA) Bandra Kurla Complex club. This decision follows a critical intervention by a division bench of the Bombay High Court, comprising Acting Chief Justice Ravindra V. Ghuge and Justice Gautam A. Ankhad, who censured the FDA for its unwarranted actions. [Mumbai Cricket Association v. State of Maharashtra & Ors.]
Court Criticizes Arbitrary Actions by FDA
During the hearing, the bench admonished the FDA officials for their failure to adhere to judicial directives and for issuing suspension orders without adequate reasoning. The court expressed its disapproval, stating, “I don’t know why you people are in such an undue haste. Do you have any problems with the High Court’s order? If there are thousand contempt petitions filed in the court, 500 are on account of the State’s disobedience.” These remarks were directed towards the FDA’s arbitrary actions, prompting it to rescind the suspension orders.
FDA’s Initial Suspension Orders and Court’s Direction
The court was addressing a plea filed by the MCA, challenging the FDA’s suspension orders issued on August 21, which targeted five of its outlets following an initial inspection. On August 25, the High Court had instructed a re-inspection, resulting in FDA reports that indicated excellent compliance across all parameters. However, the court took issue with the manner the assistant commissioner of the FDA managed the situation.
Judicial Remarks on FDA’s Procedural Errors
The bench criticized the officer for acting like a “novice” and issuing orders without proper reasoning or statutory analysis as required under the Food Safety and Standards (FSS) Act, 2006. The court remarked, “You don’t understand our order, you don’t understand the Act also. So you don’t read your rules. You don’t read the statute. You don’t read our order. But you shoot!”
In emphasizing the importance of proportionate administrative action, the judges noted, “Don’t kill a mosquito with a sword. We wanted you to measure your actions. Do you feel that you are Lord? You can do anything?” The court highlighted that regulatory mechanisms should promote compliance and improvement rather than impose immediate shutdowns.
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Resolution and Future Recommendations
Faced with the possibility of contempt proceedings for non-compliance, the FDA agreed to withdraw its August 21 suspension orders. The court recorded this commitment and disposed of the writ petitions. Furthermore, it directed the FDA to issue fresh notices and consider the submissions of the MCA and its concessionaire, Shirke Industries, to evaluate their contractual relationship under the statutory framework.
Before adjourning, the bench proposed that the FDA consider implementing a policy whereby major eateries maintain dedicated web pages for public reviews on hygiene, food quality, and taste. “Why shouldn’t major eateries, like how you find in Western countries, have their own web page? Let citizens upload their views about their hygiene, their food, their taste on that web page,” suggested the court, pointing towards a modern approach to transparency and accountability in food safety.
