SC orders closure of bottled water company

LAHORE: The Supreme Court (SC) on Tuesday ordered closure of Naubahar Bottling Company. The court also directed all the bottled water companies, including Nestle, to remove faults in their products within 10 days and make water purification system commonly known as “reverse osmosis” free of all deficiencies.

The two-judge bench, led by Chief Justice Mian Saqib Nisar, was hearing the case relating to the quality of mineral water, being sold by bottled water companies. Justice Ijazul Ahsan was the other member on the bench. The chief justice regretted that the companies are hoodwinking the public in the name of mineral water and extracting billions of rupees from the common men.

The chief justice issued directions for closure of the Naubahar Bottling Company of Gujranwala till further orders after an adverse report was submitted by the Punjab Food Authority (PFA). The report annoyed the CJ and he asked why cases were not registered against the companies selling poor quality water. The Punjab Food Authority (PFA) director general said notices were sent, but the respective managements refused to receive them. At that, the CJ ordered the PFA to get the director of the bottling company arrested after lodging a criminal case against him, but withdrew the order on the request of Nestle water company’s counsel Barrister Aitzaz Ahsan. The auditor general's report also found that the cost of a 1.5 litre water bottle, including packaging, comes to Rs8.79.

The court said it was focusing on reducing the price of water. "This is a matter of the lives of the citizens. The court will have a strict investigation conducted. Water companies are lying and earning crores," Justice Nisar said. He added: "Unless a 'big man' is reprimanded, he will not do the right thing."

During the course of hearing, Chief Justice Nisar also called Nestle’s chief executive officer Ms Freda Yahan Duplan to the rostrum and questioned her as to why her company had not maintained the water quality in Pakistan like in other countries. “Being a third party, we would not let you exploit Pakistan,” the chief justice told the foreign CEO of the company. "We will not let Pakistan be treated like a third world country and we will not let discrimination take place," CJP Nisar asserted.

Barrister Ahsan and counsel for other water companies stated that they are ready to remove their deficiencies pointed out by the government agencies. the Pepsi International’s counsel Salman Akram said they have already started complying with the minimum standards in light of the reports.

After the SC on Monday had summoned the owners of 11 bottled water companies, Naubahar owner Adnan Khan also appeared in the court on Tuesday. But the SC expressed its displeasure with Khan for being rude to the Punjab Food Authority DG. The CJP commented that Khan may be his father's eldest son at home, but he cannot be accorded that status in court. After Khan asked the court for forgiveness, the orders for his arrest were withdrawn. While hearing the case, the court also directed an inspection of Shezan International Limited.

The Environmental Protection Agency-Federal Director General Farzana Shah told the bench that though arsenic was not been found in all the groundwater samples, but the companies did not establish their own laboratories to examine the ingredients of the water being extracted by them. She pointed out that the companies used to send the water samples abroad for analysis.

There is no certified method to assess the quality of water, it said, adding that only Qarshi has a certified laboratory. The report, which found that groundwater contains fluoride and arsenic, also highlighted that none of the other companies are aware of what is in the water that they extract from the ground. The report said that each company uses 90 million litres of water a day.

According to a report, filed by environmental scientist Prof Ahsan Siddiqui, the bottled water being sold by Qarshi is up to the mark while Gourmet stood at second with minor shortcomings.

Justice Ijazul Ahsan noted that the water polluted with arsenic is being discharged in sewage by these companies after water purification process/reverse osmosis. “It means these companies are polluting the aquifer with arsenic,” Chief Justice Nisar added. Ms Shah of the EPA told the court that the polluted water could be saved from being discharged into the sewerage system by establishing underground ponds.

The bench observed that it wanted the water selling companies to sit together with the government agencies and experts to remove their deficiencies within ten days. The next hearing of the case will be held in Islamabad on December 3.