The Bombay High Court has directed a team of lawyers to conduct an inspection of the Mantralaya canteen in Maharashtra following a report from the Maharashtra Food and Drug Administration (FDA). The FDA had informed the court that its recent assessments of the canteen indicated that there were no insects or flies and that it had achieved a compliance rate of 98 per cent with hygiene standards.

This directive was issued by a bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad. The court appointed advocates Ganu, Kainaz Irani, Feroze Bharucha, and Surya Samrat to examine the facilities at the state secretariat, with a requirement to report back by the end of the day.

The FDA’s findings, revealed during a broader investigation that included numerous eateries across Mumbai, highlighted the Mantralaya canteen’s high cleanliness marks. However, the court sought further clarification regarding the compliance assessment process.

The bench raised concerns over the FDA’s uniformity in inspections and requested visual evidence, including photographs and video recordings, from the FDA to substantiate their claims regarding the canteen’s cleanliness. The court noted that while the FDA provided documentation of inspections at various locations, including the Poornima restaurant, the results should be consistently applied across all establishments.

The justices remarked on the need for fairness in the FDA’s regulatory efforts, asserting that food safety norms should be enforced equally among all food establishments without bias. They acknowledged the FDA’s efforts but emphasised the importance of equitable treatment.

As a result of the court’s order, FBI officials joined the appointed lawyers to conduct a thorough inspection of multiple aspects of the Mantralaya canteen, including its kitchen, sanitation protocols, water facilities, and food handling practices. The FDA is expected to compile and present a report detailing their findings from this evaluation.

Context of FDA’s Enforcement Activities

This inspection stems from previous high court scrutiny concerning the FDA’s enforcement practices, particularly after the court annulled the suspension of a food licence for a hotel in Navi Mumbai. The court had commented that the detection of two small insects did not warrant such severe action when the establishment maintained a compliance rate of 95 per cent.

The FDA’s approach to enforcement has intensified since IAS officer Tukaram Mundhe assumed the role of Commissioner in May, as part of the “Safe Food, Safe Drug, Safe Maharashtra” initiative. This campaign has led to inspections across various types of establishments, including restaurants, clubs, and dairies, resulting in the suspension of several licences due to alleged violations of food safety regulations.

Commissioner Mundhe has stated that the intent behind this initiative focuses on safeguarding public health rather than targeting specific businesses. This includes recent regulations that prohibit the sale, free distribution, and advertisement of junk food in and around schools, alongside making food safety licences mandatory for all school canteens.

The Bombay High Court has announced that it will continue its hearings on this matter, delving deeper into the inspection reports and seeking clarity from the FDA regarding its enforcement strategies for both government and private establishments.

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