The Bombay High Court on Saturday pulled up the Maharashtra Food and Drugs Administration (FDA), led by Tukaram Mundhe, over what it described as “undue haste” in passing enforcement orders. The court's observations came during a hearing concerning action taken against eateries operating on the premises of the Mumbai Cricket Association (MCA). The regulator was criticised for failing to properly analyse the applicable law and for adopting what the court described as a “pedantic instead of pragmatic view.”

During the proceedings, the bench questioned the manner in which the FDA had exercised its powers and asked, “Do you feel you are a Lord and you can do anything?” The sharp observation came as the court examined the regulator's approach to enforcement actions. The high court indicated that statutory authorities must act within the framework of law and follow principles of natural justice while taking decisions that affect businesses or individuals.

The court's intervention resulted in the FDA being forced to reconsider enforcement measures in two separate matters. The high court said the regulator had acted in a manner inconsistent with the principles of natural justice and criticised what it viewed as excessive or high-handed action. The proceedings also highlighted the need for regulatory authorities to apply the law carefully rather than taking a rigid approach when exercising statutory powers.

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One of the matters involved eateries located on the Mumbai Cricket Association premises. The FDA had taken enforcement action against food outlets operating at the cricket body's premises, but the high court questioned whether the regulator had adequately considered the legal provisions before passing its orders. The court's criticism centred on the speed with which the orders had been issued and the approach adopted by the food safety authority while dealing with the establishments.

In another significant development, the FDA withdrew its order cancelling the drug sale licence of Cipla Pharma and Life Sciences Limited's unit in Pune. The decision came after a bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad criticised the regulator for allegedly going “overboard” and acting in a “high-handed” manner. The withdrawal represented a major setback for the FDA's earlier enforcement decision and followed the court's scrutiny of the manner in which the order had been passed.

The proceedings underscore the importance of due process when regulatory authorities take action against businesses. While agencies such as the FDA have statutory responsibilities to enforce food and drug safety laws, their powers are required to be exercised according to established legal procedures. The court's observations indicate that enforcement cannot come at the expense of principles of natural justice or a proper consideration of the relevant law.

The Bombay High Court's intervention has therefore put the Maharashtra FDA's recent enforcement approach under scrutiny. The regulator's decision to withdraw the Cipla-related order, along with the court's questioning of action involving eateries at the MCA premises, marks a significant judicial check on its enforcement powers. The proceedings also reinforce the court's expectation that regulatory decisions should be legally sound, procedurally fair and proportionate rather than driven by haste.

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