It is my duty to caution people about adulterated milk: Tamil Nadu dairy minister Bhalaji

CHENNAI: “As a representative of the people, a duty is cast upon me to caution the people about the ill-effects of adulterated milk products,” State Milk and Dairy Development minister K T Rajenthra Bhalaji, told the Madras High Court on Wednesday.

In his appeal to set aside the orders dated October 20 of a single judge, the minister said the order was manifestly erroneous and contrary to the well-settled principles governing the grant of injunction. The order of injunction as against the minister for making a statement cautioning the public to be careful with the use of adulterated products by private dairies clearly discloses that the judge had failed to appreciate the scope, powers, duties and responsibilities of an elected representative of the public.

The judge should have known that the Supreme Court had in fact directed the State governments and the responsible officials to apprise the public of the effect of adulteration and apart from prosecuting them under the adulteration laws. Gagging a public servant from discharging his legal and political duties falls foul of Section 42 of Specific Relief Act. The judge has made no attempt to advert to the contentions raised before him. The material filed by him appears to have been completely glossed over with the result that the reasoning set out in the order is ex-facie grounded on surmises and conjectures. He should have known that a general statement warning the public, asking them to be on guard against the adulterer will not attract tortious action.

The reasoning of the judge that a general statement naming none of the private dairies still affects the parties and therefore, a gag order should be issued is legally untenable and runs counter to settled judicial principles. The judge was totally unjustified in converting an action grounded on alleged innuendo into an action for libel based on identification. It follows that the judge had rendered a finding that runs contrary to the pleadings of the companies themselves, with the result that the impugned order must be set aside in toto. The judge was clearly in error in his attempt to cherrypick the material placed before him. He has completely ignored the material secured from accredited testing labs viz.

Referral Food Lab, Ghaziabad, which had certified the product of Hatsun Agro Products and Dodla Dairy Products as sub-standard. It was also pointed out that not only the products of the plaintiffs, but of various other private dairies were subjected to scrutiny and some of them were found to be sub-standard the minister said.

Appeal against single judge order

In his appeal to set aside the orders dated October 20 of a single judge, the minister said the order was manifestly erroneous and contrary to the well-settled principles governing the grant of injunction