Shawarma Food Poisoning Case: Kerala High Court Initiates Suo Motu PIL On Food Safety Concerns In State

The Kerala High Court on Wednesday took suo motu cognisance of the food poisoning incident in Kasargod after a 16-year-old girl died and over 50 people were hospitalised which, as per news reports, is a possible aftermath of consuming shawarma.

A Division Bench comprising Justice Devan Ramachandran and Justice P.G Ajithkumar took up the case after media reports threw light on the appalling conditions of some shawarma-making joints in the state. The court later sent notices to the State Food Safety Commissioner, Health Director and other officials.

"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 State government informed the court that it had taken strong action against the shop and arrested three employees and issued a lookout notice against the owner of the restaurant in the Kasaragod district. At least 58 persons were admitted to various hospitals after taking shawarma on April 30. A plus-one student Devanandana died on Monday while she was undergoing treatment at the district hospital.

After the incident, many shawarma stalls were raided and stale meat was seized.

The Court highlighted that the enforcement of the Food Safety and Standards Act 2006 is particularly important at present due to the rising popularity of food items such as the shawarma, suspected to have caused the recent bout of food poisoning.

It was held 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." 

Therefore, the Court ordered the Registry to register and number the suo motu PIL, arraying the State represented by the Secretary, Health & Family Welfare Department, Thiruvananthapuram, as the initial respondent.

The matter will be heard on May 6.

Citation: 2022 LiveLaw (Ker) 206

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