Mumbai, Aug 25 The Bombay High Court on Tuesday quipped whether players knew they were consuming "non?vegetarian tea", noting insects were found in the Mumbai Cricket Association (MCA) kitchens, and directed the FDA to carry out a fresh inspection of the facility.
It also asked the MCA to clean its eateries' premises before the inspection is carried out by the Maharashtra Food and Drug Administration (FDA) authorities on Thursday.
A bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad was hearing petitions filed by the MCA challenging the FDA's decision to suspend the licenses of five restaurants operating at the cricket body's premises in the Bandra Kurla Complex over serious food safety and hygiene violations.
As per the FDA, the eateries were being operated by another entity, M/s Shirke Infrastructure, despite the licenses being issued in MCA's name.
Senior counsel Vikram Nankani, appearing for the MCA, said the FDA ought to have first issued an improvement notice so that the eateries had an opportunity to rectify the deficiencies.
The bench, however, noted that this was not necessary when the FDA authorities found "gross violations" during inspection.
"As per the FDA's inspection report, the eateries' kitchen was infested with cockroaches and flies, and the floor was slippery and dirty. If there is a gross violation of hygiene standards, then the FDA can decide to suspend the license forthwith," the court said.
Nankani then said that with all the restaurants/eateries closed, the MCA was not able to even serve tea to the cricketers who come to play on the ground.
To this, the court questioned jokingly if the cricketers knew they were consuming "non-vegetarian tea".
"There are flies and cockroaches in the restaurants' kitchens. It is non-vegetarian tea. Do they (cricketers) know they are consuming this tea?" Acting Chief Justice Ghuge said in a lighter vein.
The court, however, permitted the MCA to install a vending machine to serve tea/coffee to the players.
The bench further said that to balance the equities, the FDA shall carry out a fresh inspection of the five eateries on Thursday and the MCA shall clean up the premises by then.
The entire state and its people were appreciating the FDA's action, and the same needs to be carried out in future too, the HC noted.
"What the FDA is doing is laudable. But once a restaurant/eatery clears up the deficiencies, then the suspension order needs to be revoked immediately. It cannot be kept pending as the FDA's objective has been achieved," it said.
The bench said the FDA shall also "apply its mind" regarding the contract between MCA and the private entity that was running the five eateries.
"If this contract is legally permissible, then the FDA shall apply its mind and take a pragmatic approach," the HC said, posting the matter for further hearing on August 29.
