MUMBAI: The Bombay high court on Friday grilled the government and its Food and Drugs Administration (FDA) on what parameters it relied on when shutting down certain eating houses while giving first an improvement notice to others. The FDA had given an improvement notice to Mantralaya canteen, while Poornima a popular 60-year-old udipi restaurant in Fort, flocked by office goers got an immediate shuttering last week, the HC was informed.“Show us the photographs and footages of Mantralaya canteen inspection,’’ Acting Chief Justice RV Ghuge and Justice Gautam Ankhad immediately said to the government pleader.“Under what circumstances are you giving improvement and suspension notices? Do you have parameters? In some cases you are giving improvement notice and some case, suspension,’’ Justice Ankhad remarked orally while hearing a petition filed by Poornima’s owner to challenge the legality of a July 23 suspension order from FDA.“Also ask your officer why on the same day when inspection is done suspension notice is given why is no improvement notice given,’’ the HC asked the State.The government lawyer said Mantralaya showed high compliance. The bench let it rip. “So you thought you can get away by showing us a report. you never thought that lawyers will agree to to Mantralaya to see (There was a discussion in court to let lawyers visit). You show us the Mantralaya footage and photos,’’ said the ACJ orally.The ACJ went on, “ This is what we said in our earlier order: Be uniform. Be fair to all. You (FDA) can’t target only private premises… and certain govt premises you are saying shows 98 percent compliance. Show us the photos of 98 percent compliance.’’Senior counsel Venkatesh Dhond with Mayur Khandeparkar and Sameer Pandit representing Poornima said “no samples were taken during the inspection, so how can they decide if food was unsafe.”Dhond submitted, “Just because you (FDA) has the power to suspend doesn’t mean have to use it immediately.’’ The bench said, “we must appreciate that the FDA is taking action,’’ but added, “it must be equal to all, not lopsided.’’Dhond said, the FDA inspection report said it found ‘black marks’ on bananas and “fungus’’ on some drumsticks. “At my house, you can find bananas turning black when uneaten,’’ said Dhond. “Even at mine,’’ the ACJ quipped.The government lawyer said, “we have videography of the inspection of the drainage condition…allow us to show the videography.” The bench immediately accepted. “Show us the videography right now. Ask for it,’’ the ACJ said adding, “show us the footage from Mantralaya too.’’The Govt lawyer sought time till 3 pm to take instructions, “Give some time to see what was done at Mantralaya and to produce the photo.”
