The Supreme Court on Tuesday took strong exception to agriculture minister Sharad Pawar?s recent statement that its (SCs) order on distribution of free foodgrain to the poor instead of allowing them to rot was a suggestion which could not be implemented.

?It was not a suggestion. It is there in our order. You tell the minister,? the Apex Court told Additional Solicitor General Mohan Parasaran. The Court also asked the Centre to respond by Monday as to what steps are being taken to prevent rotting of food grain and also consider stopping subsidised food to families having annual income of more than Rs 2 lakh.

Besides, it asked the Food Corporation of India (FCI) to evaluate capacities of their godowns and procure only that much food-grains which can be properly preserved and make allocations according to 2010 population estimates .

A bench comprising Justices Dalveer Bhandari and Deepak Verma asked the ?Central Government to inform us what steps they have taken to preserve the remaining food-grains procured by them.

Besides, it asked FCI to ?properly evaluate capacities of their godowns and procure only that much food-grains which can be properly preserved.?

According to the report submitted by the Court Commissioner, about 50,000 metric tonne of wheat had already deteriorated and is not fit for human consumption and several lakh metric tonnes of procured wheat has not been properly preserved.

The Bench also asked the government to issue a warning asking lakhs of bogus card holders to surrender their bogus cards within two weeks of the date of advertisement and otherwise criminal prosecution may be initiated against such card holders. ?We have to develop a culture of zero tolerance corruption. Unless immediate and urgent steps are taken, the ultimate effect will be on the poorest citizen who is deprived of legitimate entitlement for food-grains. We must ensure that every poor person is ensured of two square meals per day,? the court stated.

It also observed that ?it is desirable to abolish the category of the above poverty line altogether. In case it is not possible, then the government should, at least, consider limiting households whose annual income is less than Rs 2 lakh per year. We see no rationale or justification in providing subsidized food-grains to card holders whose annual income is more than Rs 2 lakh.

?We also call upon the Union of India to carry out fresh survey to get the correct and comprehensive picture of citizens who are in the categories of above poverty line, below poverty line and Antyodaya Anna Yojana . Let the survey be conducted as early as possible,? it said, adding the authorities cannot rely on decade-old data to extend the benefits. .

Taking in view Justice Wadhwa?s report that said that the system of storage agency was one of the main thrust of diversion of PDS food-grains, the court said: ?This system should end forth-with. The State Corporation has adequate storage facilities and sufficient reserves.?

It also asked the government to file its response by September 6, the next date of hearing, as to why the Panchayat Raj, which has six godowns of 15 tonne capacity and 300 godowns of 1,000 tonne capacity, and the Urban Development Department should not have more godowns. The Bench also asked the government to consider distributing fortified wheat flour (atta) instead of wheat as there were less chances of pilferage and make allocation according to 2010 population estimates.