SC refuses relief to Kerala against HC order on soft drinks

New Delhi, Feb 15: The Supreme Court today refused to grant interim relief to Kerala government against the state Kerala High Court judgement vide which it had quashed the state government order banning the consumption of Coca-Cola and Pepsi in Kerala.

The state government had banned on August 9, 2006, the consumption of the two soft drinks and Kerala High Court had quashed the state government order on September 22, 2006.

A bench comprising Justices A R Lakshmanan and Altamas Kabir, however, admitted the appeal of the state government and issues notices to Pepsi-Coca-Cola Indian holdings private limited and Hindustan Coca-cola beverages.

It may be noted here that the Kerala government had banned completely the manufacture, sale and consumption of Coke and Pepsi on the grounds that the two soft drinks were harmful for the health of the consumers as they contain pesticides and other chemicals which are harmful and injurious to health.

The two MNCs approached the High Court which set aside the state government order holding that blanket ban cannot be imposed on the production and sale of the two soft drinks .

The government in its appeal in the Apex court has contended that the impugned high court judgement was violative of article 21 of the constitution which guarantees right to life and anything which is injurious to health can be banned as such ban is in public interest.

The government has also contended that the two soft drink companies have not been displaying the contents of their products on the bottles.

According to the state government, a consumer has a right to know what he is being offered to consume.

Another PIL seeking similar directions to the two soft drink majors for displaying the contents of their products on the bottles is already pending in the apex court.

UNI