PANJIM: Goa Human Rights Commission (GHRC) on Friday disposed off a complaint filed by Food and Drugs Administration (FDA), South Goa designated officer Iva Maxie Fernandes, as she failed to show any human rights violations by the State government.
According to the Commission, the complainant chose not to lead evidence though she was given an opportunity to substantiate her averments in the complaint.
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Fernandes, in her complaint of September 18, 2018 stated that after she raided the wholesale fish market at Margao on July 12, 2018, and found that formalin was added to the fish, which was harmful to the health of the people and also submitted her investigation report, was treated in an indifferent manner by the Secretary (Health) and the FDA Director.
Both, the Secretary (Health) and the FDA Director were named as respondents in the complaint.
Fernandes stated that she was harassed by the FDA Director, who she added, refused to grant her earned leave from September 10 to 12, 2018 and rejected permission to travel with her family members.
Fernandes further stated that her human rights and fundamental rights were breached by both respondents and prayed that action be taken against the FDA Director and that the Director
be directed to pay compensation to her for having committed breach of her human rights.
Following the complaint, the three-member Commission comprising Chairperson Justice U V Bakre and Members Desmond D’Costa and Pramod Kamat called for reports from both respondents, who told the Commission that the complaint does not disclose any human rights violation as defined under the definition of Human Rights under the Protection of Human Rights Act, 1993 and the complaint was without any legal basis and as such was liable to be dismissed with costs.
The respondents also stated that the complainant, without confirming the tests conducted by the FDA teams, made a public statement without authority of law about the presence of formalin in the fish.
The FDA Director said the government had turned down Fernandes’ request for earned leave.
During the hearing on January 25, both lawyers Adv Aires Rodrigues for Fernandes and Adv Ashwin Bhobe for the respondents, told the Commission that they do not wish to lead evidence.
The Commission found merit in the submission of the respondents’ lawyer that it being a service matter, it ought to have been resolved by following the administrative ladder available to government servants.
