The Bombay High Court on Wednesday raised concerns over the Maharashtra Food and Drug Administration's (FDA) crackdown on eateries, saying the regulator must take a "realistic view" while enforcing food safety rules. At the same time, the court noted that public health cannot be ignored.
A division bench led by Acting Chief Justice Ravindra V Ghuge made the remarks while hearing a plea by Park Inn by Radisson in Navi Mumbai. The hotel challenged the suspension of its food licence after a surprise FDA inspection earlier this month.The hotel is among nearly 100 establishments across Maharashtra whose licences have been suspended in a statewide drive by the FDA.
Appearing for the hotel, advocate Mayur Khandeparkar argued that the FDA acted without giving proper written reasons. He also questioned the standard used to suspend licences."One cockroach or 10 cockroaches is not the issue. But a checklist cannot be a reason for suspension," Khandeparkar said, adding that minor lapses should not lead to such strict action.
During the hearing, the bench also spoke about insects in public spaces and made a light remark. "Last week, there was a big insect sitting right in front of my table, on my table. So, what can we do...in India? I was telling you about a fly, no? Just now there is a fly. We are in India. We want to take a realistic step," Acting Chief Justice Ghuge said after a fly reportedly appeared in court.
Addressing government pleader Neha Bhide, the bench added, "We are in India Madam, you have to take a realistic stand."
Bhide, however, defended the FDA's action. She said the regulator cannot be lenient as food safety directly affects public health.
The bench also asked whether inspections were being carried out at government-run facilities. It even questioned if the High Court canteen had been checked.
