Delhi High Court
Court On Its Own Motion vs Uoi Through Secretary, Ministry ... on 9 March, 2011
Author: Dipak Misra,Chief Justice
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7495/2010
COURT ON ITS OWN MOTION ..... Petitioner
Through Mr. V.K. Rao, Sr. Adv., Amicus
Curiae with Mr. Saket Sikri, Adv.
versus
UOI THROUGH SECRETARY, MINISTRY OF AGRICULTURE
..... Respondent
Through Mr.A.S. Chandhiok, ASG with Ms.
Meera Bhatia, Mr. Sandeep Bajaj,
Ms. Neha Rastogi and Ms. Ria
Kaul, Advocates for UOI.
Mr. Najmi Waziri, Standing
Counsel, GNCTD.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE SANJIV KHANNA
ORDER
% 09.03.2011
The present public interest writ petition was initiated suo motu on
the basis of the report in the Sunday Times of India, New Delhi, October
31, 2010 wherein it has been mentioned "Indian veggies, fruits remain
highly toxic". On a scrutiny of the said news item, it is perceptible that the
pesticides component such as Chlordane, Endrin, Heptachlor, Ethyl and
Parathion are used in growing number of vegetables and the said
pesticides have the potentiality to cause serious neurological problems,
kidney damage, skin diseases, cancer and such other grievous physical
disorders. On an earlier occasion, this Court had noticed that certain
organizations had carried out study in respect of the vegetables which
include potato, tomato, snake gourd, pumpkin, cabbage, cucumber and
bottle gourd and found that there were pesticides in the said vegetables.
Regard being had to the said position, this Court had directed an affidavit
to be filed after carrying out study. An affidavit has been filed stating,
inter alia, as follows:-
6. "That 52 samples of fruit and vegetables were lifted
from various parts of the NCT of Delhi. They were
analysed by the Public Analyst under Rule 7 (2) of the
PFA Rules, 1955 through an authorized/duly accredited
laboratory owned by the GNCTD. From these, only one
sample of Parmal was found adulterated due to presence
of an artificial colour. The rest of the 51 samples were
found conforming to the PFA Act and Rules. These
samples were analyzed by the State Grading Laboratory
(F&V), Directorate of Agricultural Marketing, GNCTD,
for testing the presence of pesticides. The report tests
concluded that the samples were unadulterated by the
any pesticide. Copies of the said reports are annexed
herewith as Annexure 6 (Colly). That such testing is an
on-going exercise and the Department is alive to the
need for constant monitoring and checks and is
conducting the tests as per law.
7. It is submitted that till date almost 11000 samples of
various food items apprehended to be adulterated have
been lifted from various parts of the NCT of Delhi. A
chart showing the total number of food samples as lifted
in 2009 and 2010 is attached herewith as Annexure 7.
Furthermore, it is submitted that 1344 cases of food
adulteration are pending prosecution before the trial
court concerned. That vide letter dated 26.11.10 the
GNCTD has requested the Joint Secretary, Ministry of
Agriculture to take appropriate steps to stop the misuse
and excessive use of pesticides on fruits and vegetables
at the farming level itself in the interest of the health of
the consumers. A copy of the same was also endorsed to
the Assistant Director General of the Food Safety and
Standards Authority of India at New Delhi, for
appropriate action in keeping with the grave nature of
the matter. Copies of the same are attached herewith as
Annexure 8 & 9."
2. Mr.V.K. Rao, learned senior counsel who was appointed as Amicus
Curiae has drawn our attention to a study made by the Department of
Agriculture and Cooperation, Ministry of Agriculture, Government of
India and has brought to our notice summary of the monitoring of
pesticides residues at national level. He has specially drawn our attention
to the item No.18 of Annexure-III of the report, which relates to Delhi. On
a perusal of the same, it is manifest that residue pesticide component was
in affirmative than the permissible limit under the Food Adulteration Act.
Learned senior counsel would submit that as far as Delhi is concerned, the
said tests were carried out at Project Coordinating Cell, AINP, IARI, New
Delhi, which is recognized by the Union of India.
3. At this juncture, Mr. A.S. Chanhiok, learned Additional
Solicitor General appearing for Union of India and Mr. Waziri, learned
Standing Counsel have submitted that the test that has been carried out by
the GNCTD was in February 2011. Without entering into the debate
which test is correct, we would like to find out whether there are pesticide
residue in the vegetables sold at Delhi and to address the said situation in
proper perspective, we would like that vegetables shall be purchased at
random from various shops/mandis as agreed to by the learned counsel for
the parties and be tested in the laboratory where the state had tested and
the laboratory, namely, Project Coordinating Cell, AINP, IARI, New
Delhi and in any third laboratory, which is certified by NABL so that
three reports can be made available to this Court. Mr. V.K. Rao, learned
senior counsel being assisted by Mr. Saket Sikri has agreed that he would
go along with Mr. A.S. Chandhiok, learned Additional Solicitor General,
Mr. Waziri, learned Standing Counsel, Mr. Meera Bhatia and Ms. Ria
Kaul, learned counsel and Ms. Asha Menon, Member Secretary, Delhi
Legal Services Authority at 10 shops/mandis in 10 areas of Delhi for
picking samples of vegetables and get the same tested. Be it noted that
learned counsel, to assist the Court, on their own have expressed their
willingness to go to the market and we appreciate the same. Learned
counsel appearing for both sides have no objection if Mr. Sri Ram
Khanna, Honorary Managing Editor of magazine-Consumer Voice along
with their technical representative accompany the aforesaid group. After
the vegetables are tested, the report shall be submitted to this Court within
5 weeks. Needless to say, the issue with regard to banned pesticides shall
be addressed by this Court on the future date.
Let the matter be listed on 11th May, 2011.
Order dasti under signature of the Court Master.
CHIEF JUSTICE
SANJIV KHANNA, J.
MARCH 09, 2011
NA
