Maggi controversy: SC revives govt's case against Nestle India in NCDRC

Agencies
January 3, 2019

New Delhi, Jan 3: The Supreme Court Thursday revived the government case in National Consumer Disputes Redressal Commission(NCDRC) against Nestle IndiaNSE 1.56 %seeking damages of Rs 640 crore alleging unfair trade practices, false labelling and misleading advertisements. 

The top court had on December 16, 2015 stayed the proceedings before the NCDRC and directed the CFTRI (Central Food Technological Research Institute, Mysuru) to place its test report before it. 

A bench of Justices D Y Chandrachud and Hemant Gupta was told by senior advocate Abhishek Manu Singhvi, appearing for Nestle India, that tests reports of the Mysuru lab had been submitted and it found that lead content in Maggi noodles was well within the limit. 

"Why should we be eating Maggi with lead in it?", Justice Chandrachud asked Singhvi, who replied that lead content in the noodles was well within the permissible limit and there was some amount of lead in various other products. 

The bench said the report of CFTRI, where the samples of Maggi noodles were tested following earlier orders of the court, will form the basis for the proceedings before the NCDRC. 

"We are of the view that CFTRI report be evaluated by the NCDRC in the complaint before it. It will not be appropriate for this court to pre-empt the jurisdiction of NCDRC... All the rights and contentions of the parties will remain open," the bench said. 

During the hearing, Additional Solicitor General Vikramjit Banerjee, appearing for Centre said that in the wake of the Mysuru lab report the matter should go back to NCDRC and stay on the proceedings should be vacated. 

Singhvi said the matter has now become infructuous as the report is in my favour and presence of MSG (monosodium glutamate) was not found. 

He along with senior advocate Arvind Dattar opposed sending the matter back to NCDRC saying nothing remains to be decided after the lab report. 

"Why should we usurp the power of NCDRC. We will send the lab reports to the commission and them ask to dispose of the complaint filed before it," the bench said adding that the appeal against the Bombay High Court order which had in 2015 quashed the Food Safety Standards Authority of India (FSSAI) ban order against Nestle's Maggi noodle will be heard at a later stage. 

Meanwhile, Nestle in a statement said it welcomes the order passed by the apex court. 

"As per SC directives, samples were sent to the CFTRI. The CFTRI analysis showed samples were compliant for lead and other parameters," it said.

The Consumer Affairs Ministry had in 2015 filed a complaint against Nestle India before the NCDRC using a provision for the first time in the nearly three-decade-old Consumer Protection Act. 

It had filed a complaint against Nestle for causing harm to Indian consumers by allegedly indulging in unfair trade practices and false labelling related to the Maggi noodles product. 

It was for the first time that the government had taken action under Section 12-1-D of the Consumer Protection Act, under which both the Centre and states have powers to file complaints. 

In the petition filed before the NCDRC, the ministry had charged that Nestle India has misled consumers claiming that its Maggi noodle was healthy -- "Taste bhi healthy bhi". 

Nestle had to withdraw its instant noodles brand Maggi from the market over allegations of high lead content and presence of MSG. 

The food safety regulator FSSAI had banned Maggi noodles after it found excess level of lead in samples, terming it as "unsafe and hazardous" for human consumption. 

FSSAI had also said Nestle violated labelling regulations on taste enhancer 'MSG' and ordered the company to submit a compliance report on its orders.

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News Network
January 17,2020

New Delhi, Jan 17: Airports in Srinagar and Jammu are to be “immediately” brought under the security cover of the CISF in view of the arrest of DSP Davinder Singh, a Jammu and Kashmir government order has said.

The two sensitive airports are to be “handed over” to the CISF by January 31, the order of the Jammu and Kashmir Home Department to the Director General of Police (DGP) said.

“This issue (CISF security at Srinagar and Jammu airports) has acquired immediacy in view of the recent developments relating to the arrest of Davinder Singh, DSP airport security, for trying to assist militants to travel to other parts of the country,” the order issued on Wednesday said.

Police had arrested Singh, a deputy superintendent of police, at Mir Bazar in Jammu and Kashmir’s Kulgam district on Saturday, along with Hizbul Mujahideen terrorists Naveed Baba and Altaf, besides a lawyer who was operating as an overground worker for terror outfits.

The two airports are guarded by the CRPF and the J-K Police at present.

The Union government had last year decided that the Central Industrial Security Force (CISF) will be handed over security of these two airports along with the one in Leh in view of their sensitive and strategic location and the threats it faced related to possible terrorist and hijack attempts.

CISF is the national civil aviation security force and at present it guards 61 airports including the ones at Delhi and Mumbai.

News agency had on January 13 reported that the Union home ministry sanctioned about 800 personnel to the CISF in order to take over security duties at the three airports of the newly created Union Territories of Jammu and Kashmir and Ladakh.

As per the original plan, the CISF was to take over Jammu airport by next month and the Srinagar and Leh airports after the spell of severe cold ends.

However, officials said, keeping in mind the arrest of the DSP and his alleged links, the latest order has been issued which also directs the J-K Police to make arrangements for accommodation, transport and other logistical requirements of the armed contingent of the CISF on a quick basis.

Once inducted at the most-sensitive Srinagar airport, the CISF will secure access control at both city and air side (tarmac area) while the CRPF will be responsible for securing the outer periphery. At the Jammu airport, the peripheral security duties will be rendered by the JK Police.

An assortment of surveillance and security gadgets like CCTVs, observation monitors, hand-held metal detectors, bullet-proof patrol vehicles and bomb detection and disposal equipment are also being provided by the airport operator, the Airports Authority of India (AAI), to the CISF.

The Union government sometime back made it clear that CISF will be the only civil airports guarding force and all such facilities in the country will be gradually brought under its command to bolster aviation security and tighten anti-terror and anti-hijack protocols.

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News Network
January 31,2020

Jan 31: Twenty-three children aged between six months and 15 years, who had been taken hostage by a murder accused after inviting them to his daughter's birthday party, were rescued late on Thursday night after police killed their captor in a village here.

The hostage drama began at Kasaria village in the afternoon and continued for about eight hours.

"The accused was killed and there were about 23 children who were rescued safely," Additional Chief Secretary (Home) Awanish Awasthi told reporters at a hurriedly called press conference at 1.20 am.

"The accused had invited the children for the birthday party of his daughter and held them hostage. It started about 5.45 pm on January 30 and continued for about eight hours," Director General of Police (DGP) O P Singh said, adding that in the entire operation they had tried to "engage" the accused and were successful.

He said the accused, identified as Subhash Batham, had initially released a six-month-old girl by handing her over to his neighbour from a balcony.

Eyewitnesses said a restive crowd gathered outside the house where the children were kept with some women wailing and praying for their safe release.

The crowd broke open the door of the house to rescue the children, they said.

As the accused opened fire, the police retaliated killing him on the spot.

In the exchange of fire, the captor's wife was injured, but none of the children suffered any injury.

A man and two policemen also suffered bullet injuries.

The motive of the accused was not known immediately.

Chief Minister Yogi Adityanath monitored the situation in Farrukhabad, which is nearly 200 km from state capital Lucknow.

"The CM as soon as he got to know about the incident called a meeting of the crisis management group and personally monitored the situation and ensured children are rescued safely," Awasthi said.

Earlier, a team of NSG (National Security Guard) commandos had taken a special aircraft to reach Farukhabad, a senior security official in Delhi said.

Police said Batham, a murder accused, seemed to be mentally unstable.

Inspector-General of Police, Kanpur Range, Mohit Agarwal, said, "The man called the children for a birthday party and held them hostage in the basement of the house. He fired six shots from inside the building."

Batham initially wanted to talk to the local MLA, but refused to speak to the leader when he arrived, Agarwal said.

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News Network
June 23,2020

New Delhi, Jun 23: The Delhi High Court Tuesday granted bail to Jamia student Safoora Zargar, who is pregnant and was arrested under anti-terror law UAPA in a case related to communal violence in northeast Delhi during protests against the Citizenship Amendment Act, as Solicitor General Tushar Mehta did not oppose it on humanitarian grounds.

At the outset of the hearing, Mehta, representing Delhi Police, submitted that Zargar can be released on regular bail on humanitarian grounds and the decision has not been taken on merits of the case and should not be made a precedent.

Justice Rajiv Shakdher, who conducted the hearing through video conferencing, released Zargar, who is 23-week pregnant, on bail on furnishing a personal bond of Rs 10,000 and surety of like amount.

The court said she shall not indulge in any activity for which she has been charged with and shall not hamper the investigation or influence the witnesses.

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