Food Safety And Standars Authority Of India vs. Jaya Products Through Its Partner

Fc ITEM NO.1 COURT NO.2 SECTION XV/ S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Civil) No(s).16308/2007 (From the judgement and order(s) dated 29/08/2007 in CWP No.1966/200 of The HIGH COURT OF RAJASTHAN AT JAIPUR) ANKUR GUTKHA Petitioner(s) VERSUS INDIAN ASTHAMA CARE SOCIETY & ORS. Respondent(s) (With appln.(s) for directions and interim directions and intervention and impleadment and with prayer for interim relief and office report) With SLP(C)No.16314/2007 (With appln.(s) for exemption from filing c/c of the impugned judgment and with prayer for interim relief and office report) SLP(C)No.16317/2007 (With appln.(s) for exemption from filing c/c of the impugned judgment and with prayer for interim relief and office report) SLP(C)No.19467-19469/2007 (With appln.(s) for directions and clarification and impleadment and directions and exemption from filing O.T. and permission to file affidavit and clarification/direction and with prayer for interim relief and office report) W.P.(C)No.131/2011(With office report) W.P.(C)No.141/2011(With office report) Conmt.Pet.(C)No.236/2011 In SLP(C) No.16308/2007(With office report) W.P.(C)No.289/2011(With office report) Conmt.Pet.(C)No.288/2011 In SLP(C) No.16308/2007 Conmt.Pet.(C)No.348/2011 In SLP(C) No.19467-19469/2007 Conmt.Pet.(C)No.356/2011 In SLP(C) No.16308/2007 W.P.(C)No.344/2011, W.P.(C)No.69/2011 (With appln.(s) for directions and impleadment and office report) Contempt Petition ) No.37/2012 in SLP 16308/2007 W.P.(C) No.182/2011(With office report) W.P.(C) No.354/2011, W.P.(C) No.330/2011 (With appln.(s) for interim relief and office report) W.P.(C) No. 304 of 2011 (with appln(s) for amendment of the petition and office report) Date: 24/10/2013 These Petitions were called on for hearing today. CORAM : HON'BLE MR. JUSTICE G.S. SINGHVI HON'BLE MR. JUSTICE C. NAGAPPAN For Petitioner(s) Mr. Ranjit Kumar, Sr.Adv. Mr. Vivek Kohli, Adv. Mr. N. Talwar, Adv. Ms. Shivambika sinha,k Adv. Mr. Shwetank Tripathi, Adv. Mr. Subramonium Prasad, AOR Dr. Abhishek Manu Singhvi, Sr.Adv. Mr. Vivek Kohli, Adv. Mr. N. Talwar, Adv. Ms. Shivambika sinha,k Adv. Mr. Shwetank Tripathi, Adv. Mr. Subramonium Prasad, AOR Mr. P.N. Mishra, Sr. Adv. Mr. K.C.Dua, Adv. Mr. Arun K.Sinha, Adv Mr. Sudhir Chandra Agrawala, Sr. Adv.

Mr. Sanjai Kumar Pathak, Adv. Ms. Sumita Hazarika, Adv. Ms. Aparna Jha, A.O.R. Mr. Prashant Bhushan, Adv. Mr. Pranav Sachdeva, Adv. Mr. Jay Kishore Singh, Adv. Mr. Anil Kumar Jha, AOR Mr. Shiv Prakash Pandey, A.O.R. Mr. Suraj Govinda Raj, Adv. Mr. Abhay A. Jena, Adv. Ms. Bina Gupta, A.O.R. Mr. Prabal Bagchi, Adv. Mr. P.B. Suresh, Adv. Mr. Vipin Nair, Adv. Mr. U. Banerjee, Adv. Mr. Siddhartha Chowdhury, AOR For Respondent(s) Mr. Aman Ahluwalia, Adv. Ms. Supriya Jain, Adv. Mr. Ranjit Singh, Adv. Ms. Priyanka Mathur, Adv. Ms. Sonia Malhotra, Adv. Mr. Kundan Kr. Mishra, Adv. Mr. Farooque Raza, Adv. Mr. Gaurav Dhingra, Adv. Mr. Ashutosh Kr. Sharma, Adv. Mr. Surya Kant, Adv. Mr. Anirudh Tanwar, Adv. Mr. Pragyan Sharma, Adv. Mr. Heshu Kayina, Adv. Mr. M.R. Ramesh Babu, Adv. Mr. B.R. Mohan Kumar, Adv. Mr. B. Balaji, Adv. Mr. R.Rakesh Sharma, Adv. Mr. Jagjit Singh Chhabra, Adv. Mr. K.B. Rohatgi, Adv,. Dr. R.R.Deshpande, Adv. Mr. Pradeep Misra, Adv. Mr. Daleep Kumar Dhyani, Adv. Mr. Vishnu Behari Tewari, Adv. Mr. Raj Kishor Choudhary, Adv. Mr. Ravi Kumar Tomar, Adv. Mr. N.Ganpathy, A.O.R. Mr. Gopal Singh, Adv. Mr. Ritu Raj Biswas, Adv.

Mr. V.A. Mohta, Sr. Adv. Mr. A.S. Bajaj, Adv. Mr. Shashibhushan P. Adgaonkar, Adv. Mr. Nilakanta Nayak, Adv. Mr. Jitendra Mohan Sharma, Sr. Adv. Mr. Mohd. Waquas, Adv. Mr. Tapesh Kumar Singh, Adv. Mr. Rahul Malhotra, Adv. Ms. Simar Suri, Adv. Ms. pallavi Tayal, Adv. Mr. Varun Chopra, Adv. Mr. T.K. Pradhan, Adv. Mr. Satyabrata Panda, Adv. Mr. Lingaraj Sarangi, Adv. Mr. Nikhil Nayyar, Adv. Ms. Pritha Srikumar Iyer, Adv. Mr. T..S. Raghavendra Sreyas, Adv. Mrs. K.Enatoli Sema, Adv. Mr. Amit Kumar Singh, Adv. Mr. Anil Shrivastav, Adv. Mr. Rituraj Biswas, Adv. Mr. Vinod Sharma, Adv. Ms. Anuradha Mutatkar, Adv. Mr. Mukesh Verma, Adv. Mr. Pawan Kumar Shukla, Adv. Mr. Yash Pal Dhingra, Adv. Mr. C.K. Sucharita, Adv. Ms. Rumi Chanda, Adv. Mr. Ajay Arora, Adv. Mr. Kapil, Adv. Mr. Praveen Swarup, Adv. Mr. Sunil Fernandes, Adv. Ms. Snigdha Pandey Kaushik, Adv. Ms. Astha Sharma, Adv. Ms. Insha Mir, Adv. Ms. Ruby Singh Ahuja, Adv. Ms. Neha gupta, Adv. Mrs.Manik Karanjawala, Adv. Mr. Alok Kumar, Adv. Mr. Rohit K. Singh, Adv. Mr. K.N. Bhat, Sr. Adv. Mr. Ananthanarayana M.G., Adv. Mr. V.N. Raghupathy, Adv. Mr. Vijay Panjwani, Adv. Mr. Anirudh Gupta, Adv. Mr. P. Parameswaran, Adv. Mr. Lalit chauhan, Adv. Ms. Rukhmini Bobde, Adv. Mr. Kumar shashank, Adv.

Mr. Senthil Jagadeesan, A.O.R. Ms. Aparna Jha, A.O.R. Mr. Vikramjit Banerjee, adv. Mr. P.S. Sudheer, Adv. Mr. Rishi Maheshwari, adv. Mr. Abu John Mathew, Adv. Mr. Vikas Mehta, A.O.R. Mr. Shiv Prakash Pandey, A.O.R. Mr. Ashok Kumar Singh, Adv. Mr. B.D.Sharma, AOR Mr. Sanjai Kumar Pathak, Adv. Mr.Abhay Kumar, A.O.R. Ms.Mridula Ray Bhardwaj, A.O.R. Mr. Ameen Jauhar, Adv. Ms. Ashlesha Srivastava, adv. Mr. Dheeraj Nair, Adv. Mr. Manjit Singh Dalal, AAG Mr. Vikas Sharma, Adv. Ms. Aruna Mathur, Adv. Mr. Yusuf Khan, Adv. Ms. Bansuri Swaraj, Adv. Ms. Monika Gusain, Adv. Mr. Ajay Arode, Adv. Mr. Praveen Swarup, Adv. Mr. M. Yogesh Kanna, Adv. Mr. K.N. Bhat, Sr. Adv. Ms. Bina Madhavan, Adv. Mr. Sanjay Visen, Adv. Mr. Amit Agrawal, Adv. Ms. Hemantika Wahi, Adv. Mr. Rudreshwar Singh, Adv. Mr. Samir Ali Khan, Adv. Mr. Kuldip Singh, Adv. Mr. Sapam Biswajit Meitei, Adv. Ms. Shalini Chandra, Adv. Ms. Swati Chandra, Adv. Mr. Sudanshu Saran, Adv. Ms. Yogmaya Agnihotri, Adv. Ms. Purnima Bhat, Adv. Mr. Balasubramaniam, Adv. Mr. K.V. Jagdishvaran, Adv. Mrs. G. Indira, Adv. Mr. Kishore Sarma, AAG Mr. Navnit Kumar, Adv.

Mr. Amit Agarwal, Adv. Mr. Sanjay Kr. Bisen, Adv. Ms. Archana Pathak Dave, Adv. Mr. Milind Kumar, Adv. Mr. Anip Sachthey, Adv. Mr. Suryanarayana Singh, AAG Ms. Pragati Neekhra, Adv. Mr. Aditya singh, Adv. Mr. J.K. Bhatia, Adv. Mr. A.P. Mayee, Adv. Mr. Apoorv Kurup, Adv.

Ms. Madhvi Divan, Adv.

UPON hearing counsel the Court made the following O R D E R

During the pendency of S.L.P.(C) No.16308 of 2007 Ankur Gutka v. Indian Asthama Care Society and others and three connected matters, a number of writ petitions were filed which were heard with the special leave petitions.

'Health for Million' and 'Doctors for You' filed writ petitions under Article 32 of the Constitution for imposing total ban of manufacture, distribution and sale of tobacco/smokeless tobacco, gutka, pan masala and similar articles. This Court declined to entertain Article 32 petitions but granted leave to the petitioners to file interlocutory applications in the pending matters. Thereafter, both 'Doctors for You' and 'Health for Million' filed I.A. No.49/2013 in S.L.P.(C) No.16308 of 2007 and I.A. Nos. 55-57 of 2013 in S.L.P.(C) Nos.19467-19469 of 2007 respectively which were entertained.

Although copies of the interlocutory applications were supplied to the counsel for the opposite parties, formal notice was not issued by the Court under the impression that all the parties have notice of the same.

Arguments in the matters were heard by different Benches of which one of us (G.S. Singhvi, J.) was a member on different dates. In the two interlocutory applications also the arguments were heard from 1.10.2013 with the intermittent breaks.

When the hearing started on last Tuesday, Shri Sudhir Chandra, learned senior counsel appearing for some of the manufacturers submitted that his clients may be given time to respond to the applications filed by Doctors for You and Health for Millions. His request was accepted and two days' time was granted for the purpose. The Court made it clear to Shri Chandra that reply affidavits can be filed during the course of hearing.

Yesterday, Shri Ranjit Kumar, learned senior counsel was to commence his submissions in the post-lunch session but he made a request for adjustment by stating that he remained busy in the pre lunch session before the Green Bench. His request was accepted and the case was posted for today.

Today, Shri Ranjit Kumar complained that copy of the interlocutory application filed by 'Doctors for You' has not been made available to him and that in the absence of formal notice of the two applications, his client did not file a response.

Although, the objection taken by Shri Ranjit Kumar is ultra technical, with a view to obviate misgiving of all the parties, we direct issue of notice in all the pending interlocutory applications, copies of which have been made available to the learned counsel appearing on their behalf. Liberty is given to the parties to file their response within next four days.

For further hearing, list the case on 31.10.2013. To be taken up at 10.30 a.m.