[Shawarma food poisoning] Kerala High Court initiates suo motu case on food safety concerns

The Kerala High Court on Wednesday initiated a suo motu Public Interest Litigation (PIL) on the issue of food safety after reports surfaced about the death of a 16 year-old girl and the hospitalisation of at least 57 others, possibly due to consumption of shawarma from a particular eatery in Kasargod district. .A Division Bench of Justices Devan Ramachandran and PG Ajithkumar stated that even though an investigation has already begun in this regard, in the interest of the health and safety of citizens, it was necessary to find out the steps authorities intend to take. "We are, like every other citizen, appalled - not only of the terribly unfortunate turn of events, but pondering how it could happen at all when strict enforcement and analytical regimes and systems are already in place under the Food Safety and Standards Act, 2006. We are fully cognizant, as we are also told by Sri S Kannan, Senior Government Pleader, that necessary investigations are going on; and therefore, that it is now too early to draw conclusions. But we are firm that this shall never recur, especially because the food preparation in question appears to have obtained great popularity in our State," the Court said in its order..The Court emphasised that the enforcement of the 2006 Food Safety and Standards Act is all the more important due to the rising popularity of food items such as the shawarma, suspected to have caused the recent bout of food poisoning. .It noted that the State Commissioner of Food Safety is vested with the duty to implement and ensure the efficient implementation of food safety, its standards and other requirements under the Act, as also the Rules and Regulations under it. "Apodictically, it is solely when the twin legal duties of enforcement and analytics - with special emphasis on "watch, guard and accountability" -mis discharged by the officers diligently, can the well publicized motto of the Commissionerate of Food Safety - "Safe food for Healthy Life", obtain real meaning," the order stated..Therefore, the Court ordered the High Court Registry to register and number the suo motu PIL, arraying the Government of Kerala, represented by the Secretary, Health & Family Welfare Department, Thiruvananthapuram, as the initial respondent. The matter will be heard on May 6..[Read Order]