TaxTMI 
TaxTMI 
2018 (11) TMI 531
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....il Nadu. 2. The Food Safety and Standards Act, 2006, hereinafter referred to as "the Food Safety Act", has been enacted to consolidate the laws relating to food and to establish the Food Safety and Standards Authority of India for laying down science based standards for articles of food and to regulate their manufacture, storage, distribution, sale and import, to ensure availability of safe and wholesome food for human consumption and for matters connected therewith or incidental thereto. 3. Some of the relevant provisions of the Food Safety Act are set out herein below for convenience : "Section 3. Definitions. - (1) In this Act, unless the context otherwise requires, - (a) "adulterant" means any material which is or could be employed for making the food unsafe or sub-standard or mis-branded or containing extraneous matter; (b) "advertisement" means any audio or visual publicity, representation or pronouncement made by means of any light, sound, smoke, gas, print, electronic media, internet or website and includes through any notice, circular, label, wrapper, invoice or other documents; &n....
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....tablished under Section 4; (n) "Food business" means any undertaking, whether for profit or not and whether public or private, carrying out any of the activities related to any stage of manufacture, processing, packaging, storage, transportation, distribution of food, import and includes food services, catering services, sale of food or food ingredients; (o) "food business operator" in relation to food business means a person by whom the business is carried on or owned and is responsible for ensuring the compliance of this Act, rules and regulations made thereunder; .... (q) "food safety" means assurance that food is acceptable for human consumption according to its intended use; (r) "food safety audit" means a systematic and functionally independent examination of food safety measures adopted by manufacturing units to determine whether such measures and related results meet with objectives of food safety and the claims made in that behalf; (s) "Food Safety Management System" means the adopti....
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.... evaluating policy alternatives, in consultation with all interested parties considering risk assessment and other factors relevant for the protection of health of consumers and for the promotion of fair trade practices, and, if needed, selecting appropriate prevention and control options; (zr) "sale" with its grammatical variations and cognate expressions, means the sale of any article of food, whether for cash or on credit or by way of exchange and whether by wholesale or retail, for human consumption or use, or for analysis, and includes an agreement for sale, an offer for sate, the exposing for sale or having in possession for sale of any such article, and includes also an attempt to sell any such article; (zz) "unsafe food" means an article of food whose nature, substance or quality is so affected as to render it injurious to health :- (i) by the article itself, or its package thereof, which is composed, whether wholly or in part, of poisonous or deleterious substance; or (ii) by the article consisting, wholly or in part, of any filthy, putrid, rotten, decomposed or diseased animal substance or....
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....ing potential risks, (d) ..... (e) such other functions as may be specified by regulations. Section 13. Scientific Panels. - (1) The Food Authority shall establish scientific panels, which shall consist of independent scientific experts. (2) The Scientific Panel shall invite the relevant industry and consumer representatives in its deliberations. (3) Without prejudice to the provisions of sub-section (1), the Food Authority may establish as many Scientific Panels as it considers necessary in addition to the Panels on : (a) food additives, flavourings, processing aids and materials in contact with food; (b) pesticides and antibiotics residues; (c) genetically modified organisms and foods; (d) functional foods, nutraceuticals, dietetic products and other similar products; (e) biological hazards; (f) contaminants in the food chain; (g) labelling; and (h) method of sampling and analysis. ....
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....vernments, the Food Authority and other agencies, as the case may be, while implementing the provisions of this Act shall be guided by the following principles, namely :- (a) endeavour to achieve an appropriate level of protection of human life and health and the protection of consumer's interests, including fair practices in all kinds of food trade with reference to food safety standards and practices; ......... (f) in cases where there are reasonable grounds to suspect that a food may present a risk for human health, then, depending on the nature, seriousness and extent of that risk, the Food Authority and the Commissioner of Food Safety shall take appropriate steps to inform the general public of the nature of the risk to health, identifying to the fullest extent possible the food or type of food, the risk that it may present, and the measures which are taken or about to be taken to prevent, reduce or eliminate that risk; and (g) where any food which fails to comply with food safety requirements is part of a batch, lot or consignmen....
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....ules and regulations made thereunder. (2) The Commissioner of Food Safety shall perform all or any of the following functions, namely :- (a) prohibit in the interest of public health, the manufacture, storage, distribution or sale of any article of food, either in the whole of the State or any area or part thereof for such period, not exceeding one year, as may be specified in the order notified in this behalf in the Official Gazette; .... (e) sanction prosecution for offences punishable with imprisonment under this Act; Section 34. Emergency prohibition notices and orders. - (1) If the Designated Officer is satisfied that the health risk condition exists with respect to any food business, he may, after a notice served on the food business operator (in this Act referred to as an 'emergency prohibition notice"), apply to the Commissioner of Food Safety for imposing the prohibition. (2) If the Commissioner of Food Safety is satisfied, on the application of such an officer, that the health risk condition exists with respect to any food business, he sh....
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....y to cause to any person as a result of the contravention, (c) The repetitive nature of the contravention, (d) Whether the contravention is without his knowledge, and (e) Any other relevant factor, Section 54. Penalty for food containing extraneous matter. - Any person whether by himself or by any other person on his behalf manufactures for sale or stores or sells or distributes or imports any article of food for human consumption containing extraneous matter, shall be liable to a penalty which may extend to one lakh rupees. Section 55. Penalty for failure to comply with the directions of Food Safety Officer. - If a food business operator or importer without reasonable ground, fails to comply with the requirements of this Act or the rules or regulations or orders issued thereunder, as directed by the Food Safety Officer, he shall be liable to a penalty which may extend to two lakh rupees. Section 57. Penalty for possessing adulterant. - (1) Subject to the provisions of this chapter, if any person who whether by himself or by any other person on his behalf, imports or manufactures for sale....
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....er capital of the world due to the high use of smoke free tobacco or chewable tobacco. The use of chewable tobacco is particularly prevalent amongst the younger generation and their addiction to it ruins their health and even causes death at a young age. The petitioner submitted that Gutkha and Tobacco are highly addictive and is one of the leading causes of oral cancer and other periodontal ailments. 5. According to the petitioner, the Global Adult Tobacco Survey - India functioning under the Ministry of Health and Family Welfare, has, in its Fact Sheet of 2009-2010, recorded the fact that 23.6% of the people are using smoke free tobacco and 34.6% of the people in the age group of above 15 years were addicted to the use of tobacco in one form or the other. As per the Global Adult Tobacco Report, an estimated 20.6 Crore Indians are habitual consumers of this harmful product which poses a grave health risk, particularly to the younger generation. 6. In exercise of power conferred by Section 92 of the Food Safety Act, the Central Government has framed the Food Safety and Standards (Prohibition and Restriction on Sales) Regulations, 2011 (hereinafter referred to as "th....
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.... with the above mandate of law. We also direct the Secretaries, Health Department of all the States and Union territories to file their affidavits before the next date of hearing on the issue of total compliance of the ban imposed on manufacturing and sale of Gutkha and Pan Masala with tobacco and/or nicotine." 11. The Supreme Court also directed all Chief Secretaries of States and Administrators of Union territories to issue notifications to ban the sale of gutkha and pan masala. Thereafter, by a letter dated 23-9-2016, the Secretary, Ministry of Health and Family Welfare, Government of India, requested all States and Union territories to comply with the ban of gutkha. 12. The right to health is undoubtedly an important ingredient of the right to life guaranteed under Article 21 of the Constitution of India, as liberally interpreted by the Supreme Court. The Directive Principles of State Policy and in particular Article 47 casts a duty on the State to improve public health and to endeavour to prohibit consumption of intoxicating substances which are injurious to health. 13. In exercise of power conferred by Section 30(2)(a) of the Food Safety Act, the State....
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....ned at the residence of a lady accountant of the concern, and the accounts as also statements of Mr. Madhava Rao, one of the main partners of the Gutkha manufacturer, revealed payments to various persons connected to the State Government. The respondent Nos. 8 and 10 were requested to take necessary action. 18. Mr. P. Wilson appearing on behalf of the petitioner submits that the enclosures to the said letter, which recorded the examination of Mr. Madhava Rao, the main partner of the Gutkha Manufacturer selling the MDM Brand, reveals monthly cash payments to the tune of Rs. 14 lakhs to the Health Minister of Tamil Nadu for a period of three months; monthly payments of approximately Rs. 2 lakhs to an official of the Central Excise Department, through one Mr. Nandakumar; monthly cash payments of approximately Rs. 10 lakhs to Assistant Commissioner of Police of Red Hills region, through Mr. Rajendran; cash payments to Councillors of the Chennai Corporation of approximately Rs. 14 lakhs per month; monthly cash payments to officials of Food Safety Department of about Rs. 7 lakhs; monthly cash payments to the then Commissioner of Police, Chennai City, through Mr. Rajendran, amount....
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.... tax evasion to the tune of Rs. 250 Crores, led to the seizure of several documents, including a ledger account maintained by the accountant of the said company, namely one Yogeshwari. The said ledger accounts seized by the Income Tax Department reflect payments to various high officials both of the State Government and the Central Government as also to Councillors of Chennai Corporation, officials of the Food Safety Department and others, and even to an advocate. 26. In the sworn statement dated 9-7-2016 recorded by the Income Tax Department of the said Mr. Madhava Rao, partner of the said company selling gutkha under the "MDM brand", had corroborated the entries in the ledger accounts and admitted that bribe money had indeed been paid to the persons mentioned in the ledger. Mr. Wilson emphatically argued that there were materials which, prima facie, show offer and receipt of bribes. There appears to be substance in the argument. 27. In the counter-affidavit of the Income Tax Department dated 11-1-2018, it is stated that the letter dated 11-8-2016 addressed to the then Chief Secretary was handed over in person to the then Chief Secretary along with the relevant ann....
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....General of Police to take action on the allegations of bribery of the top officials, bureaucrats and Ministers was sought to be swept under the carpet to protect the corrupt. It is doubtful whether the attention of the then Chief Minister, who is no more, was even drawn to the said letter. 34. Mr. Wilson argued that there was further prima facie material suggesting involvement of top police officials, referring to a letter addressed by the subsequent Commissioner of Police, Mr. George, to the Home Secretary. The letter of the successor Commissioner of Police itself is, according to Mr. Wilson, enough prima facie material to grant the relief sought in this writ petition. 35. Mr. Wilson argued that, as per the letter, the Commissioner of Police had been receiving intelligence reports about the illegal sale of banned products like gutkha and pan masala in the city. Though he had ordered raids, he had come to know that several police officers, including officers at the senior level, were involved. The letter of Mr. George corroborates the existence of a factory manufacturing gutkha within the jurisdiction of the Red Hills Police Station. 36. There can be hardly ....
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....uding the case diary or status report furnished by the investigating agency of the State, to decide whether the investigation had to be transferred to Central Bureau of Investigation. 42. The Learned Advocate General argued that the Court ought not to transfer the investigation to the CBI unless it came to a strong prima facie conclusion that a deliberate attempt was being made to either derail or stultify the investigation in order to favour high officials of the State, who were in a position to influence the cause of investigation. 43. The Learned Advocate General submitted that investigation is proceeding on the right line and every effort is being made by the Directorate of Vigilance and Anti-Corruption to investigate the case properly. There was, thus, no reason not to allow the Directorate of Vigilance and Anti-Corruption to continue to investigate the complaint. 44. In support of the proposition propounded by the Learned Advocate General that the power to transfer investigation to Central Bureau of Investigation should be used very judiciously and after perusal of relevant materials, the Learned Advocate General cited : (i) &....
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.... Commissioner should be a completely independent post and separated from the Government; that a person of independence and integrity should be appointed to the said post; and that he should personally monitor investigation by the Directorate of Vigilance and Anti-Corruption. 49. The Division Bench finally directed the Directorate of Vigilance and Anti-Corruption to constitute a Special Team and conduct an enquiry under his personal supervision and to take orders only from the Vigilance Commissioner. The Directorate of Vigilance and Anti-Corruption was directed not to share materials collected during the enquiry with any public servant. The Division Bench further directed that there should not be any kind of interference by the political executives, public servants and more particularly, the Director General of Police, the Minister concerned or any other officers against whom allegations had been made. 50. The Learned Advocate General also referred to an earlier order of the Division Bench dated 27-1-2017 in W.P. No. 1846 of 2017, (CT. Vincent v. The Director of CBI and Others), where the prayer for CBI investigation was rejected. 51. The Learned Advocate Gen....
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....e first time chewing tobacco was included and the said notification is due to expire with effect from 23-5-2018. 56. Mr. S.R. Rajagopalan submitted that the writ petitioner was seeking constitution of a Special Investigation Team headed by a Retired High Court Judge and officials drawn from the Central Bureau of Investigation and other departments to take steps to eradicate the banned items as per the notification dated 23-5-2017 and for registering of a case based on the complaint alleged to have been made on 11-7-2017. 57. Mr. S.R. Rajagopalan argued that the relief sought for was not maintainable as there is already a Committee constituted for the same and there was no allegation in the writ petition that they were not discharging their duties effectively of eradicating the banned items. 58. Mr. S.R. Rajagopalan submitted that the writ petition is politically motivated and not in public interest. The petitioner has made bald allegations to stigmatize the officials of the 11th respondent. 59. Mr. S.R. Rajagopalan submitted that the manufacturers of gutkha and other forms of chewable tobacco were governed by the provisions of the Cigarettes and Othe....
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....p; Tobacco and tobacco products are to be manufactured and sold strictly in accordance with the provisions of the CTP Act and the Rules framed thereunder. (iii) The respondents have no right take any action against tobacco or tobacco products by virtue of Government Order dated 22-5-2012 (Ext. P9 in W.P. C. No. 13580 of 2012).'" 63. Mr. Arvind Pandian, Learned Additional Advocate General appearing on behalf of the ninth respondent adopted the arguments made by the Learned Advocate General and further argued that this Court should not entertain a politically motivated writ petition filed by a member of a rival political party. 64. In support of his submission, Mr. Pandian cited the judgment of the Supreme Court in Kunga Nima Lepcha and Others v. State of Sikkim and Others, reported in (2010) 4 SCC 513, where the Supreme Court held that public interest litigation filed by individual members of a political party itself raises an apprehension that the litigation was an outcome of political rivalry and the Court should not be turned into an instrument of such partisan considerations. 65. The judgment in Kunga Nima Lepcha, supra, cited by Mr. ....
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....al parties of different States. This Court cannot shut its eyes to the illegality. 70. As held by the Supreme Court in K. Anbazhagan v. Superintendent of Police and Others, reported in (2004) 3 SCC 767 cited by Mr. Wilson, in a democracy, the political opponents play an important role. They are the watchdogs of the Government in power. They are the mouthpiece to ventilate the grievances of the public at large, if genuinely and unbiasedly projected. Political opponents are vitally interested party in the running of the Government or in the administration of criminal justice in the State. A petition filed by such persons cannot be brushed aside on the allegation of political vendetta, if otherwise, it is genuine and raises a reasonable apprehension of likelihood of bias in the dispensation of criminal justice system. 71. "Food" is defined in Section 3(j) of the Food Safety Act to mean any substance, whether processed, partially processed or unprocessed, which is intended for human consumption and includes genetically modified or engineered food, but does not include animal feed, live animals, unless they are prepared or processed for placing in the market for human co....
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.....P. Ltd. and Another v. Union of India and Others, reported in (2004) 7 SCC 68, the Supreme Court observed : "6. .... Thus, the Act 34 of 2003 being a special Act, and of later origin, overrides the provisions of Section 7(iv) of the Prevention of Food Adulteration Act, 1954 with regard to the power to prohibit the sale or manufacture of tobacco products which are listed in the Schedule to the Act 34 of 2003." 76. The Prevention of Food Adulteration Act, 1954 has been repealed and replaced by the Food Safety Act. The definition of "food" in Section 3(j) of the Food Safety Act is different from and far more expansive than the definition of "food" in Section 2(v) of the Prevention of Food Adulteration Act. Further, the Food Safety Act has been enacted after the COTA. 77. The judgment of the Supreme Court in Godawat Pan Masala Products I.P. Ltd., supra, rendered in the context of the Prevention of Food Adulteration Act, 1954 will not have application in the facts and circumstances of the instant case. 78. It appears that in Jayavilas Tobacco Traders LLP v. The Designated Officer, The Food Safety and Drugs Control Department, (W.P. No. 21 of 2017, dated ....
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....sufficient to estop them from raising the contention that gutka and pan masala do not fall within the definition of "food" under the Food Safety Act, 2006." 81. We agree with the view of the Learned Single Bench of the Bombay High Court that gutkha and pan masala are food within the meaning of the Food Safety Act. Gutkha also being a tobacco product might be governed by the provisions of the COTA. COTA deals with regulation of cigarettes or other tobacco products. The Food Safety Act is not in conflict with the provisions of COTA in any manner. COTA does not deal with adulteration, though it may remotely touch upon misbranding. 82. It is well settled that the endeavour of the Court should be to harmonize two Acts seemingly in conflict. Of course, in this case there does not appear to be any conflict between COTA and the Food Safety Act. COTA is in addition to and not in derogation of other laws relating to food products. There is no non obstante clause in COTA which excludes the operation of other Acts. 83. Considering the harmful effects of consumption of chewable tobacco, such as gutkha, which leads to fatal ailments such as cancer, this court cannot shut ....
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....d to the nature of the complaint to which our notice has been drawn by the petitioner as also the income-tax authorities, refer the investigation to the CBI. 88. The CBI derives its power to investigate from the Delhi Special Police Establishment Act, 1946, hereinafter referred to as "the DSPE Act". Some of the relevant provisions of the DSPE Act are set out herein below for convenience : "Section 3. Offences to be investigated by special police establishment. - The Central Government may, by notification in the Official Gazette, specify the offences or classes of offences which are to be investigated by the Delhi Special Police Establishment. Section 4. Superintendence and administration of Special Police Establishment. - (1) The Superintendence of the Delhi Special Police Establishment insofar as it relates to investigation of offences alleged to have been committed under the Prevention of Corruption Act, 1988 (49 of 1988), shall vest in the Commission. (2) Save as otherwise provided in sub-section (1), the superintendence of the said police establishment in all other matters shall vest in the Central Government. (3) The administration of the sa....
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.... not conduct any enquiry or investigation into any offence alleged to have been committed under the Prevention of Corruption Act, 1988 (49 of 1988) except with the previous approval of the Central Government where such allegation relates to - (a) the employees of the Central Government of the Level of Joint Secretary and above; and (b) such officers as are appointed by the Central Government in corporations established by or under any Central Act, Government Companies, Societies and local Authorities owned or controlled by that Government. (2) Notwithstanding anything contained in sub-section (1), no such approval shall be necessary for cases involving arrest of a person on the spot on the charge of accepting or attempting to accept any gratification other than legal remuneration referred to in clause (c) of the Explanation to Section 7 of the Prevention of Corruption Act, 1988 (49 of 1988)". 89. The CBI is empowered to investigate offences or classes of offences as are notified by the Central Government under Section 3 of the DSPE Act. Even if any one of the offences alleged, particularly the main offence, is in....
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....he enforcement of which the Government of India is concerned; cases of crime committed by organized gang or professional criminals having ramifications in several States and other cases having inter-State and international ramifications being investigated by several agencies, where it is considered necessary that a single investigating agency should be incharge of the investigation. 96. Thus, while cases of crimes such as misappropriation, cheating, theft or even murder if committed by a Central Government employee, may have to be dealt with by the State police, organized crime or an illegality having inter-State ramifications involving officials of different State Governments and the Central Government would have to be investigated by the CBI. 97. The underhand dealings in gutkha, pan masala and other forms of chewable tobacco involving, inter alia, officials of the Central and different State Governments has inter-State ramifications and should, therefore, be investigated by the CBI. The counter-affidavit of the fifth and sixth respondents also indicates that the Director General of Central Excise Intelligence and the Additional Director General of Central Excise ....
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....uld be necessary for this Court to examine case records or the status report submitted by the investigating agency of the State to decide whether investigation should be made over to the CBI. The finding of any deliberate attempt to stultify or derail investigation by the State investigating agency, is also not a condition precedent for transfer of investigation to the CBI. We do not deem it necessary to go into the question of whether the State Police have done all that they ought to have done. The fact remains that underhand business in banned gutkha and other forms of chewable tobacco is going on unabated. 103. The proposition that transfer of investigation to CBI does not depend on finding of inadequacy in the investigation carried out by the State Police finds support from the judgment of the Supreme Court in Subrata Chattoraj v. Union of India and Others, reported in (2014) 8 SCC 768. 104. It is well-settled that justice should not only be done, but manifestly be seen to have been done. Justice is delivered not just by the Courts which adjudicate disputes and exercise powers of judicial review, but also by the Executive which administers the law. A fair and im....
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....itated again and again, as there has to be finality to litigation. However, to attract the principle of res judicata, the issue which is directly and substantially in issue in a later proceeding should have directly and substantially been in issue in an earlier proceeding which had been heard and finally decided. 111. In Rural Litigation and Entitlement Kendra v. State of U.P., reported in AIR 1988 SC 2187, the Supreme held : "16. The writ petitions before us are not inter-parties disputes and have been raised by way of public interest litigation and the controversy before the court is as to whether for social safety and for creating a hazardless environment for the people to live in, mining in the area should be permitted or stopped. We may not be taken to have said that for public interest litigations, procedural laws do not apply. At the same time it has to be remembered that every technicality in the procedural law is not available as a defence when a matter of grave public importance is for consideration before the court. Even if it is said that there was a final order, in a dispute of this type it would be difficult to entertain the plea of res judicata. As we....
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....ated 28-7-2017 in W.P. (MD) No. 12482 of 2017], the writ petition was directed against an order dated 30-6-2017 appointing Shri T.K. Rajendran, IPS as Director General of Police of the State of Tamil Nadu. 116. From the judgment and order of K.K. Sasidharan and G.R. Swaminathan, JJ. in K. Kathiresan, supra, it is patently clear that the writ petition was directed against the extension of the service of Shri T.K. Rajendran for a period of two years with effect from 1-7-2017, on the date of his superannuation, ignoring the claims of several competent officers belonging to the Indian Police Service. The petitioner questioned the appointment of an allegedly tainted officer as Director General of Police. In the context of the challenge to the appointment of Shri T.K. Rajendran as Director General of Police, the petitioner referred to the search conducted by the Income Tax department which allegedly revealed materials indicating that money had been paid to Shri T.K. Rajendran, when he was the Commissioner of Police, Chennai. 117. From the summary of the submissions as recorded by K.K. Sasidharan and G.R. Swaminathan, JJ., it is evident that it was the case of the petition....
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....petition seeking investigation against police officials was rejected as not bona fide and in Kathiresan, supra, a writ petition questioning the appointment and/or extension of service of Shri T.K. Rajendran was rejected. 123. The separation of powers between the Judiciary, the Executive and the Legislature does not immunize illegality from judicial scrutiny. To put it differently, separation of powers cannot curtail the power of judicial review conferred on the constitutional Courts, where fundamental rights are sought to be abrogated or abridged or illegality perpetuated. 124. Section 6 of the DSPE Act, which provides that nothing contained in Section 5 shall be deemed to enable any member of the Delhi Special Police Establishment to exercise powers and jurisdiction in any area in a State, without the consent of the Government of that State, cannot apply to a case where investigation is transferred to the CBI by the Court. 125. Similarly, Section 6A of the DSPE Act, which provides that the Delhi Special Police Establishment shall not conduct any enquiry or investigation into any offence alleged to have been committed under the Prevention of Corruption Act, ....
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....etition seeking impartial investigation, the accused was not entitled to opportunity of hearing as a matter of course. Fair, impartial and independent investigation by the law enforcement agency was imperative. 130. In Narender G. Goel v. State of Maharashtra, reported in (2009) 6 SCC 65, the Supreme Court held : "11. It is well settled that the accused has no right to be heard at the stage of investigation. The prosecution will however have to prove its case at the trial when the accused will have full opportunity to rebut/question the validity and authenticity of the prosecution case. In Sri Bhagwan Samardha Sreepada Vallabha Venkata Vishwanandha Maharaj v. State of A.P., [(1999) 5 SCC 740 : 1999 SCC (Cri) 1047] this Court observed: (SCC p. 743, para 11) "11. ... There is nothing in Section 173(8) to suggest that the court is obliged to hear the accused before any such direction is made. Casting of any such obligation on the court would only result in encumbering the court with the burden of searching for all the potential accused to be afforded with the opportunity of being heard." 131. As held by the Supreme Court in Committee for Protection of D....
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....td. v. State of Bihar, reported in (2004) 5 SCC 1, the Supreme Court held : "8. Under the constitutional scheme as framed for the judiciary, the Supreme Court and the High Courts, both are courts of record. The High Court is not a court "subordinate" to the Supreme Court. In a way the canvas of judicial powers vesting in the High Court is wider inasmuch as it has jurisdiction to issue all prerogative writs conferred by Article 226 of the Constitution for the enforcement of any of the rights conferred by Part III of the Constitution and for any other purpose while the original jurisdiction of the Supreme Court to issue prerogative writs remains confined to the enforcement of fundamental rights and to deal with some such matters, such as Presidential elections or inter-State disputes which the Constitution does not envisage being heard and determined by High Courts." 136. Article 21 of the Constitution of India has been given a wide interpretation by the Supreme Court and would, in our view, include the Right to Health. When a grave risk is posed to the health of citizens by reason of prevalent illegality, this Court cannot be a mute spectator. 137. When the DSPE A....
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.... be relevant factors for deciding whether CBI investigation should be ordered. Surreptitious manufacture, import distribution and sale of prohibited items such as gutkha and other forms of chewable tobacco which adversely impacts the health of the people, including in particular the young, and has inter-State ramifications is certainly a fit case to be transferred for investigation to a centralized agency like the CBI, more so, when there are serious allegations of connivance of different officials of the Central and different State Governments, including top police officials of the State of Tamil Nadu. 141. As observed by K.K. Sasidharan and G.R. Swaminathan, JJ. in K. Kathiresan, supra, the Vigilance Commission headed by the Vigilance Commissioner has extensive powers to curb corruption and initiate action against Government servants and servants of public sector undertakings for acceptance of illegal gratification and matters incidental thereto. The State Vigilance Commission might enquire into allegations of corruption against officials of the State Government. The State Vigilance Commission might also conduct a detailed enquiry to fix the responsibility for the loss of....