The Supreme Court today agreed to hear next week the plea of Jammu and Kashmir traders' body alongwith other petitions challenging a High Court order asking them to give an undertaking that if "prima facie" the food items supplied by them are found to be adulterated then their units would be liable to be sealed.
A vacation bench of Justices P C Ghose and Amitava Roy said the plea of Jammu and Kashmir Traders and Manufacturers Federation will be tagged and heard with other petitions on the similar issue, pending before the apex court.
Senior advocate Jayant Bhushan, appearing for the federation, said the interim order of April 24 of Jammu and Kashmir High Court in a "suo moto PIL is illegal as petitions on similar facts are pending adjudication before the apex court."
He said that the High Court order directs the owners/ Managing Directors (MDs) of food manufacturing/ processing units to file an affidavit indicating as to how and in which manner the food manufacturing/ processing units are following the provisions of the Food Safety and Standards Authority of India (FSSAI) Act.
Bhushan said that it has also directed the owners/ MDs of food manufacturing/ processing units to provide information about the laboratories set up in their units, the equipment installed therein and the number of persons, having expertise in accordance with the Act, working in such laboratories.
He said that it has been directed that food manufacturing units should file an undertaking before the Registrar, of the High Court certifying that the units will supply food items, fit for human consumption, to the consumers and if it is prima facie found that the food items are adulterated, the units will be liable to be sealed.
The plea of federation further said that the High Court judge has erred in not appreciating the fact that the petitioner which is a group of petty food business operators are already complying with the mandatory provisions of the Act and are registered under the law for different business operations.
It said that members of the federation are carrying the business of bakery, sweets shops and petty manufacturing works and the past incident regarding food adulteration was in the case of 'milk' and 'spices' by few companies.
