Observing that “a judge, based on inputs, cannot assume the role of a supreme adviser to the administration of policies governing innumerable activities of the State”, the High Court of Karnataka has declined to examine the issue on whether the presence of jute batching oil in jute bags, used for packing sugar, leads to any serious health hazard, as well as the correctness of the policy decision to use jute bags.
The court stated that it is the Standing Advisory Committee (SAC), operating under the provisions of the Jute Packaging Materials (Compulsory Use in Packing Commodities) Act, 1987, and the experts who will examine the claim regarding the alleged presence of carcinogenic material in jute batching oil. The 1987 Act was enacted to protect the jute industry.
Not arbitrary
Also, the High Court said that making sugar industries compulsorily use 20% jute bags for packing sugar cannot be termed as arbitrary when the apex court, several years ago, had upheld the legality of this policy when the sugar industry was mandated to use 100% jute bags for packing sugar.
Justice M. Nagaprasanna made these observations while dismissing a petition filed by the South Indian Sugar Mills Association-Karnataka, Bengaluru, and the Indian Sugar Mills Association, New Delhi. The associations had questioned the notifications issued by the Ministry of Textiles under the 1987 Act, which mandated the use of 20% jute bags for packing sugar.
Pointing out that it is for the first time that the petitioners have claimed before the court about certain reports with regard to the alleged presence of carcinogenic material in jute batching oil, the High Court said that it is not inclined to examine these reports as they have to be looked into by the SAC, which meets annually to decide on the use of jute bags.
For SAC to consider
“It is for the SAC to consider all these reports, analyse with the help of experts as to whether jute batching oil, to the tune of the percentage that it is directed to be used or permitted to be used, is carcinogenic and if it does cause harm in real time, there would be a decision accordingly in the interest of general public, as sugar is largely consumed by every citizen,” the Court observed
Stating that it is not today that jute batching oil is being used for the production of jute bags, Justice Nagaprasanna said that “the jute batching oil, after its usage, is again covered by another thin layer to block perforation and pilferage of sugar or dropping out of sugar, causing moisture of sugar owing to its hygroscopic nature. Since this has been in usage, all of which can be analysed for the ensuing year by the SAC”.
“By taking oath of office as a judge, an ordinary man turns himself into a man with magic wand and qualifies himself to be an unquestionable authority to advise on policies is inconceivable. It is further trite that the court would not sit in the armchair of those experts who have promulgated such policies and overrule them…,” the High Court observed while declining to accept that the policy on usage of jute bags effected the right of sugar industry to carry on their trade.
Source : The Hindu
