High Court task for lawyers: Buy veggies,get them tested

“We are sure you (lawyers) would not have done it in a long time. Why don’t you take some time out and buy vegetables from various parts,say 10 different regions,of the Capital? These vegetables can then be sent to three laboratories in order to ascertain their pesticide content,” a division bench of Chief Justice Dipak Misra and Justice Sanjiv Khanna said.

The court direction came following a public interest litigation filed to highlight the health hazards posed by pesticides and other harmful chemicals in vegetables. The court’s suggestion was met with complete agreement from Central counsel Additional Solicitor General A S Chandhiok and Meera Bhatia,standing counsel for the Delhi government Najmi Waziri,member-secretary of the Delhi Legal Services Authority Asha Menon and amicus curiae senior advocate V K Rao.

Vegetables will be sent to three laboratories because results regarding pesticide content varied between a government lab and another lab.

Court was prompted when Waziri submitted an affidavit from the Prevention of Food Adulteration (PFA) department,contending that 52 samples of fruits and vegetables were taken from various parts of the city and analysed. While 51 were found conforming to the PFA Act and Rules,one sample was found adulterated due to presence of an artificial colour.

Amicus curiae in the case Rao,however,produced another report from a different lab. The second report stated that most vegetables bought from city markets contained pesticides beyond permissible limit and were,hence,putting the lives of consumers at risk.

Justice Misra observed that it would be difficult to arrive at a conclusive opinion on the basis of two contradicting reports.

“Without getting into any controversy,we would like to launch an exercise that would conclusively ascertain if the vegetables being consumed by the buyers in Delhi are free of toxins. Hence,the lawyers are directed to purchase the vegetables from the sources and send them for analysis,” said the bench.

The vegetables will now be tested at three centres — a government-approved one,another finding favour with the petitioner,and the third certified by The National Accreditation Board for Testing and Calibration Laboratories (NABL). The analysis reports will have to be submitted in court within five weeks.

Fixing May 11 as the next date of hearing,the bench clarified that it will first address concerns on excessive use of pesticides in vegetables and,at a later stage,take a decision on prohibition of certain pesticides and chemicals.