Kerala High Court orders strict adherence to food safety standards for restaurants selling shawarma, cancellation of license for violations

The court gave the order while disposing of a writ petition filed by the mother of a 16-year-old girl who lost her life in 2022 while consuming ‘Shawarma’. The mother claimed compensation of Rs. 1 crore for the untimely death of his daughter and to ensure strict compliance with the 2006 Act.

Justice Devan Ramachandran directed the authorities to ensure its strict compliance provisional order of November 14, 2023. The provisional order was issued requiring all restaurants that sell shawarma to display on the packaging the date and time of preparation of the food items. Further, the Court today issued the following instructions:

“Respondents are also hereby ordered to ensure that the provisions of the Food Safety and Standards Act, 2006 are strictly implemented and complied with, to ensure all necessary and periodic surveillance on food businesses and to further ensure that any violator is subject. with the full mandate of the law according to the law. I also order that if through any inspection or information it is received or found that any vendor/hotel/restaurant is selling Shawarma in violation of the orders of this Court, immediate and strict action shall be taken to cancel their license and bring such persons to book. or entities to legal processes without any avoidable delay.”

The Court noted that the Trial in this matter is pending before the Additional Court-1 at Kasargod. He observed that the death of the petitioner’s daughter occurred on May 1, 2022 and that no compensation is being awarded to date as the present application is pending in the High Court. The court pointed out that under Section 65 of the Act, compensation must be paid as soon as possible and not later than six months from the date of the incident. It also pointed out that as per the provision, in cases of death, provisional compensation should be paid within thirty days.

Therefore, the Court ordered the Court to award compensation to the petitioner and held as follows: “I authorize the learned Additional Sessions Court-1 at Kasargod, before whom the criminal trial in this case is pending, to immediately consider the award of compensation to the petitioner under Section 65 of the Food Safety and Standards Act, 2006, following due process, but without delay. “

Further, the Court appreciated and saluted the courage shown by the mother who came before the Court with this writ petition, advocating a public cause of greater relevance. The Court further ordered the state government to pay the mother Rs 25,000 as litigation expenses.

“I conclude this judgment by commending the petitioner for going to the trouble of championing the cause so important to the general public and I salute her for saving many lives as a result of it,” said the court.

Case title: Prasanna EV v. State of Kerala & Ors.

Case number: WP (C) no. 19941 of 2023

Reference: 2024 LiveLaw (Ker) 757