The Bombay High Court recently expressed strong disapproval towards the Maharashtra Food and Drug Administration (FDA) for its alleged ‘biased’ enforcement of food safety regulations. The court identified a disparity in how the FDA applied these norms to private eateries compared to state-run establishments like those found in Mantralaya and Vidhan Bhavan. This scrutiny arose during the case Poornima Restaurant & Ors v. State of Maharashtra & Ors., with a bench comprising Acting Chief Justice Ravindra V. Ghuge and Justice Gautam A. Ankhad.
Questionable FDA Report
Having previously ordered the FDA to inspect canteens in government buildings, the court was skeptical when the FDA reported that these canteens were 98% compliant. To verify these claims, the judges took the extraordinary step of sending four lawyers to inspect the Mantralaya canteen. The lawyers’ findings were starkly at odds with the FDA’s report, revealing significant hygiene issues.
Impartial Enforcement Needed
The court emphasized the necessity for the FDA to enforce food safety laws impartially, without favoring government entities over private businesses. “No litigant before the court should feel that private commercial establishments are meted out with different standards,” the bench remarked, emphasizing that all entities, including those serving VVIPs, must adhere to the law.
Inconsistent Standards
The court pointed out inconsistencies in the FDA’s approach. For instance, Poornima Restaurant faced a suspension after a banana with a black dot was cited as a violation, while state canteens were deemed compliant after a brief inspection. The judges criticized the FDA’s enforcement strategy, stating, “You are shooting first and asking later… the medication should not be worse than the disease.”
Judicial Directions
The court directed the FDA to suspend its notices and issue improvement notices to the private establishments, allowing them until August 4 to address deficiencies. New inspections were ordered for August 5, with the same criteria applied to Mantralaya canteens. The FDA Commissioner was instructed to scrutinize the inspection reports for impartial enforcement. Further hearings are scheduled for August 6.
