The Hindu : SC declines to entertain Coca-Cola petition

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Thursday, Aug 14, 2003

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National

SC declines to entertain Coca-Cola petition

By J. Venkatesan

NEW DELHI Aug. 13. The Supreme Court today declined to entertain a petition from the Indian subsidiary of the Coca-Cola company for a direction that samples be tested in a Government accredited laboratory as the report of the Centre for Science and Environment (CSE) of high pesticide content in the soft drinks was not authentic.

A Bench, comprising Justices S. Rajendra Babu, A.R. Lakshmanan and G.P. Mathur, asked Kapil Sibal, senior counsel for the petitioner, Hindustan Coca-Cola Beverages Pvt. Ltd., as to which of the rights was affected and wanted to know why some soft drink manufacturers had moved the Delhi High Court while some others came directly to the Supreme Court.

When the Bench repeatedly observed that it was not inclined to entertain the petition, Mr. Sibal submitted that he was withdrawing it and the Bench dismissed it as withdrawn.

The Bench did not accept the plea that it might be treated as a public interest petition to protect the rights of consumers.

Mr. Sibal brought to the court's notice that from August 7, schools and Government agencies had refused to buy Coca-Cola products. Certain municipalities in West Bengal, Punjab and Rajasthan had initiated the process for banning its sale on the basis of the results of tests conducted by the CSE.

The Bench observed "can one not say that he does not want to drink soft drinks. You approach whichever forum you think appropriate to enforce your right, but we will not entertain this petition."

The counsel said that till the expert committee set up by the Union Government tested the soft drinks for pesticide content in a well-equipped laboratory and submitted its report, the sale of the soft drinks should not be stopped arbitrarily.

"In every State, we have closure orders" and it would be impossible for the company to run after every court to defend itself and the matter should be heard by the apex court.

Rejecting the plea, the Bench told the counsel "you run business all over the country and you can move appropriate forums for relief."

Mr. Sibal then argued that it was not the question of the right of the manufacturers but he was only requesting the court to help the confused consumer by ordering a test by a competent laboratory through independent experts.

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