HC refuses to stay circular banning silver leaf on sweets

Ahead of Diwali festival, the Bombay High Court today refused to stay a municipal circular banning silver foil coating on sweets.
Mishtann Vyavasai Sahakari Mandal, an association of sweets sellers, had sought a stay on the October 24 circular issued by Brihanmumbai Municipal Corporation (BMC) banning use of silver leaf on sweets.
Refusing to grant interim relief, Justices S C Dharmadhikari and Gautam Patel said, "BMC issues licence with certain conditions and has the powers to check. If the civic body finds that the conditions are being violated then it has all the powers to stop it in larger public interest."

BMC counsel Suresh Pakale and Trupti Puranik argued that the civic body had not imposed a blanket ban on the use of silver foil coating on sweets. There is a regulation on use of silver leaf for health purpose, they told the court.
"There are traders who use material other than silver. This is harmful to public health," said Pakale.
Anjali Yajurvedi, advocate for the petitioner, claimed that the circular was issued just before the Diwali festival to create panic among the general public. Even earlier, the BMC had issued such a circular with regard to 'mawa' (sweet).

Opposing the circular, the petitioner claimed that such "last minute" circulars cause losses to the traders as they have already accepted orders from customers before the Diwali festival. The customers would not then want to buy the sweets which would cause them heavy losses, it claimed.

The petitioner further alleged the order was a ploy to stop the sale of Indian sweets.
The petitioner also claimed the civic body had no powers to regulate the sale of sweets. As per the Food Safety and Standards Act, 2006, the BMC health officials do not have the power to conduct inspection, the petitioner contended.
The high court said it would deal with all the aspects of the petition during next hearing after Diwali vacation. Meanwhile, interim relief to stay the circular was refused.