Bombay High Court takes FDA to task over false canteen reports, asserts no VVIP above law

The Bombay High Court strongly criticised the Maharashtra Food and Drug Administration (FDA) for placing what it termed “false” reports before the Court concerning food safety inspections at government-run canteens, asserting that the law must apply equally to all and that “no VVIP is above the law.”

A Division Bench of Chief Justice Alok Aradhe and Justice Sandeep V. Marne expressed serious displeasure over inconsistencies in the FDA’s reports relating to inspections of canteens functioning in government establishments, including the Mantralaya. The Bench observed that the material placed before it failed to accurately reflect the actual position regarding inspections and compliance with food safety norms.

Emphasising the principle of equality before law, the Court observed that authorities cannot adopt one standard for private restaurants and another for government-run establishments. It remarked that food safety laws are intended to protect every consumer and must be enforced uniformly, irrespective of whether the food outlet is privately owned or operated by the State.

The Bench made it clear that government canteens serving ministers, bureaucrats or other public officials cannot claim any special treatment.  the Court observed that no VVIP status is above law, adding that statutory obligations under food safety legislation are equally applicable to State-run establishments.

Questioning the FDA over the filing of inaccurate reports, the Court warned that misleading judicial proceedings by submitting incorrect information would not be tolerated. It directed the authority to file fresh and accurate reports detailing inspections carried out at government and semi-government canteens across the State.

The observations came during the High Court’s ongoing monitoring of the FDA’s enforcement drive against unhygienic eateries. The Court had earlier sought clarification on whether the inspection campaign extended to canteens operating in government offices, including the Mantralaya, after concerns were raised that the enforcement action appeared to be focused primarily on private establishments. It had also ordered a fresh inspection of the Mantralaya canteen.

Pursuant to the Court’s directions, the FDA also conducted inspections at canteens functioning within the Bombay High Court premises. One such facility reportedly faced regulatory action after officials found it operating without the requisite licence.

Reiterating that transparency and accountability are essential to regulatory enforcement, the Bench stressed that food safety standards cannot be compromised merely because an establishment operates under the State. It observed that selective enforcement undermines the rule of law and public confidence in regulatory authorities.

The Court is expected to continue hearing the matter after the State Government and the FDA place fresh reports on record regarding inspections and compliance at government-run canteens.

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