Shri Vineet Sahai v. Union of India and Ors.

1. This Public Interest Litigation has been preferred with the following prayers: “It is therefore respectfully prayed that your lordships may graciously be pleased to issue a writ of mandamus or any other suitable writ direction and orders for quashing of the order dated 12.10.2018 passed by the respondents and further be pleased to issue a writ of mandamus or any other suitable 2020:DHC:990-DB writ order or directions by appointing a Committee/Special Task Force under the supervision of the Retired Judge of this Hon’ble Court to investigate the entire import process and also how the orders dated 12.10.2018 have been passed by the respondents and submitted its report to this Hon’ble Court and thereafter this Hon’ble Court may take action as per law and procedure or may pass any other order or directions as may deem fit and proper in the interest of justice.”

2. Having heard learned counsel for both the sides and looking to the facts and circumstances of the case, it appears that several grievances have been ventilated by the petitioner about the pulses imported at the end of the year 2015 from various countries having poisonous pesticides/herbicides in the name of Glyphosate and Phosphamidon. It is submitted by learned counsel for the petitioner that the usage of these pesticides is in violation of the Food Safety and Standards Act, 2006 especially Sections 16 and 25 thereof. Hence, the order dated 12th October, 2018 issued by respondent no.3 (Food Safety and Standards Authority of India) which is annexed at Annexure P-1 deserves to be quashed and set aside. It is also submitted by learned counsel for the petitioner that a Committee or Special Task Force may be constituted under a retired Judge of this court to investigate the entire import process of these pulses as well role of the respondent no.3 as to how the order dated 12th October, 2018 has been issued by them.

3. Having heard learned counsel for the respondent no.1 and looking to the counter affidavit filed by the respondent nos. 2 and 3, it appears that the notification dated 12th October, 2018(Annexure P-1 to the writ petition) has been superseded by the respondents with a new notification dated 6th May, 2019 (Annexure R-2 to the counter affidavit filed by the respondent no.3).

4. The new notification dated 6th May, 2019 reads as under: “ORDER Considering representations received in FSSAI, an order no. l-1771/FSSAI/Imports/2018 dated 12.10.18 (Annexure-1) was issued, wherein MRLs for glyphosate in pulses as specified by Codex Alimentarius Commission (CAC) were considered for testing of imported pulses until FSSAI specify its own limits. Now, the above said order has been superseded by Food Safety and Standards (Contaminants, toxins and Residues) Third Amendment Regulations, 2018, wherein it is mentioned that tolerance limit of 0.01 mg/kg shall apply in cases of pesticides for which MRL have not been fixed (Annexure- 2). Hence, the following order is no more in force. Subject Order No. Date Testing of herbicide "Glyphosate" in pulses- Reg. 1-I771/FSSAI/Inipoits/2018 12.10.18 This issues with the approval of the Competent Authority. Sd/- Sunceti Toteja Director (Imports) FSSAI, HQ, New Delhi”

5. In view of new notification, published on 6th May, 2019, we see no reason to further monitor this Public Interest Litigation and the same is accordingly disposed of. CM No.8407/2019

1. In view of the disposal of the writ petition, this application also stands disposed of.

CHIEF JUSTICE C.HARI SHANKAR, J. FEBRUARY 11, 2020