Excelsior Correspondent
SRINAGAR, Feb 28: The High Court today rapped the Government for failing to appoint Commissioner Food Safety for the State and directed the authorities to make the appointment in three weeks.
The Division Bench of Justice Mohammad Yaqoob Mir and Justice Ali Mohammad Magrey rapped the Government for not making appointment of independent Commissioner Food Safety and directed the authorities to do the needful with three weeks positively or face consequences.
DB directed the Government to take all necessary steps for filling up of the post along with strength of staff within three weeks and in case of any default by the concerned authorities, Court directed them to appear in person before the court.
Pointing out that the authorities were already impressed upon to appoint a suitable person on the post and provide the all requisite staff to Food Commissioner, the Court observed but it appeared to be a distant dream.
Court observed to the State counsel in presence of Commissioner Secretary Health, who is also holding the charge of Commissioner Food as interim arrangement, that by making interim arrangement for a long period is not satisfactory. “We are not satisfied with the reasons given by the State. For the last 8 months nothing has been done except creation of post of FSC”, court said during proceedings.
Court asked the State counsel that in terms of previous order you were supposed to appoint independent FSC and not in-charge arrangement. “It is you (State) who agreed to appoint a suitable person on the post of FSC in the month of June last year.”
State counsel submitted that it is with the intervention of the Court that the post of FSC has been created and assured that the same will be filled up on permanent basis by next date.
Commissioner Secretary to Health department submitted before the bench that Government has sanctioned about 14 posts as supported staff to the FSC but only three posts have been cleared by the Finance Department and which, according to him, would not be enough for FSC to make the office functional and work properly.
Assistant Commissioner Food Srinagar also submitted that special squad for checking the market has been formed and some action has been initiated against the units holders, shopkeepers as also against the vendors for preparing and selling adulterated and unhygienic food but they face certain security concern during checking as they are being attacked by the offenders.
Court directed the SSPs of concerned districts to provide all assistance from their concerned police lines wherever they require protection. Court directed the Registry to send the copy of the order to all SSPs for compliance.
Commissioner Secretary as also the Commissioner SMC also submitted certain suggestions for controlling sale, storage etc of adulterated food articles. Commissioner Health submitted before the court that the J&K State apart from other two States in the country to implement the FSS Act and after accreditation from NABL have two food testing labs.
He also submitted that 16 posts of Food Safety Officers have been appointed after proper selection and are highly educated in their field and they are also alternatively working as Assistant Controller Drug as the selection for Assistant Controller Drug has been stayed by one of the coordinate bench of this court in a separate petition.
Commissioner Health submitted that 5 mobile testing labs are being made functional, 2 in Jammu and 3 in Kashmir division, but there is some problem for drivers of these mobile labs. He suggested that if direction be given to Social Welfare Department to ensure the deficiencies are made good.
Senior Advocate B A Bashir, who is amicus to the PIL, pointed out that it is very difficult for them to take the samples from every district and to get these samples tested in food testing lab in Srinagar or in Jammu. He suggested that if primary labs should be formed in every district, out of all 22 districts so that primary testing of lifted samples be done at primary level.
About the vaccine in poultry, the Commissioner Health informed the Court that an advisory has been issued to poultry owners that before bringing them to the market or slaughtering the chicken vaccine should be done at least before 24 hours of the said process, so that vaccine may not remain in chickens.
With regard to providing of list of all registered units across the State and action taken against the erring unit holders, Advocate Bashir informed the Court that only five districts have been covered while as direction was with regard to whole State. Court in this connection directed this exercise be done by next date and all report be filed by then.
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