‘Do you feel you are a Lord?’ Bombay HC pulls up Maharashtra FDA over ‘undue haste’

Mumbai: The Bombay High Court has reprimanded the Maharashtra Food and Drugs Administration (FDA) in two separate cases, prompting the regulator to withdraw orders against a Cipla facility in Pune and five eateries operating from the Mumbai Cricket Association (MCA) premises.

The court criticised the FDA for acting with “undue haste”, failing to properly examine the applicable law and, in the case involving Cipla, violating the principles of natural justice.

In the MCA case, the court also accused the regulator of adopting a “pedantic instead of pragmatic” approach.

‘Do you feel you are a Lord?’

The strongest criticism came during a hearing concerning five restaurants at the MCA premises in Mumbai’s Bandra-Kurla Complex.

A bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad questioned the FDA’s decision to suspend the eateries after a subsequent inspection found them to be 88% compliant with food safety requirements.

“Do you feel you are a Lord and you can do anything?” the court asked while questioning what it described as the department’s repeated haste in taking action.

The bench said it had earlier directed the FDA to apply its mind and adopt a pragmatic approach, but alleged that the regulator had instead taken a “pedantic” view.

“We are tired of scolding the department and officers all the time. It is now time to pass stinging orders. We will issue contempt action against the concerned officers. Let them convince us or go to jail,” the court said.

Following the court’s intervention, the FDA said it would withdraw its suspension order against the five eateries and issue a fresh notice to the MCA, allowing it to respond on the contractual arrangement involving M/s Shirke Infrastructure.

The court accepted the move and said the suspension order stood vacated, allowing the restaurants to reopen since they were found to be compliant with food safety requirements.

Why were the MCA eateries suspended?

The dispute centred on the food licences, which had been issued in the name of the MCA, while the restaurants were being operated by M/s Shirke Infrastructure.

The court noted that there was no provision in the law expressly prohibiting such an arrangement and questioned the basis on which the FDA had acted.

“How many times should we try to convince and balance equities so that the department does not feel discouraged? Why do we say, ‘Don’t kill a mosquito with a sword’?” the bench observed.

The judges also questioned whether the FDA had adequately examined the relevant legal provisions before passing its orders.

FDA withdraws Cipla licence cancellation

In a separate matter, the High Court also directed the FDA to withdraw its order cancelling the drug sale licences of Cipla Pharma & Life Sciences Ltd’s carrying and forwarding facility at Wadki in Pune.

The licences had been cancelled with effect from August 27 following alleged violations identified during a follow-up investigation into the packaging and recall of Reactin Plus tablets.

The court questioned the procedure adopted by the FDA, including an email summoning the company’s representative for a hearing on a public holiday declared by the state government.

“You are doing a laudable and appreciative job, but now you are going overboard. This is not the first time this is happening. You have wronged, and now you have to resolve the issue,” the bench told the FDA.

The court described the regulator’s action as “high-handed” and held that the procedure followed in cancelling the licence was flawed.

“The order is against the principles of natural justice,” the court observed.

Following the court’s intervention, the FDA withdrew the licence cancellation order.

(PTI)