Tamil Nadu Dairy Development Minister K T Rajendra Balaji today filed an appeal in the Madras High Court against a single judge order restraining him from issuing disparaging statements against private milk producers without any proof.
The minister alleged that the order issued by Justice C V Karthikeyan would amount to gagging a public servant and preventing him from discharging legal and political duties.
Justice Karthikeyan had passed an interim order on July 10 on original applications by Hatsun Agro Product Limited, Dodla Diary Limited, Vijay Diary and Farm Products Private Limited.
In the order, the judge had restrained the minister from making accusatory statements on quality of the milk products without any proof to back the charges till the disposal of the suits claiming damages from Balaji for suggesting that they were selling adulterated products.
On July 26, Balaji had moved the court, seeking dismissal of the suits saying it "is a blackmail action (by the companies)."
In today's plea, Balaji has submitted that as a minister for the department of dairy development, a constitutional responsibility is placed on him to implement the directions of the Supreme Court which had ordered the state and central governments to implement the Food Safety and Standards Act, 2006, in an effective manner.
The minister further said the apex court had directed the state government to inform the owners of the dairy operators and retailers working in the state that the use of chemical adulterants like pesticide, caustic soda and other chemicals would be dealt with strictly.
The minister has said in the plea that the order indicates that the judge failed to appreciate the scope, powers, duties and responsibilities of an elected representative, so he prayed the court for suspending the interim order.
On October 20, the judge had directed the companies to test samples of their products in certified labs every three months and submit the reports in the court till the suits were adjudicated.
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