Excel’sior Correspondent
Srinagar, May 1: The authorities in total disobedience and noncompliance of Supreme Court as well as High Court directions are allowing running of liquor shops situated on highways in the Valley and do no act to get the directions implemented in its letter and spirit.
The Court directions are being flouted and the authorities are watching as mute spectators regarding ban on sale of liquor within 500 meters of highways across the State.
High Court in this regard on April 20 in a petition filed by the residents of Shivpora cantonment area seeking implementation of Court directions with regard to a shop housed in hotel CH2, opposite GB Pant Children’s hospital, at Batwara which is situated on highway, directed the authorities to comply with the Supreme Court directions and report compliance within 5 days.
It is mentioned here that the shop as per the list of Excise Department is situated at National Highway and despite the Court direction last month the shop is operating.
In a significant clarification of its December 15 judgment banning sale of liquor within 500 metres of highways across the country, the Supreme Court in March said the ban extends not just to retail liquor outlets but also to bars, pubs and restaurants located on highways.
The Court made it clear that there was no question of exempting these establishments, as this would be a dilution of its object of preventing drunk driving, which is one of the major killers plaguing Indian roads.
Supreme Court clarified it in a short order that the object of the court’s direction to remove “liquor vends” located within 500 m distance of national, State highways, associated roads and service lanes, was to end drunk driving and no such relaxation ought to be given to establishments like pubs, bars and restaurants.
Excise Department in terms of Supreme Court Committee in which State was asked to ban sale of alcohol on State and National Highways so as to promote road safety and a meeting under the chairmanship of Chief Secretary was convened to discuss the implementation of the directions and suggestion of Supreme Court committee.
The concerned departments have been instructed to implement the directions and submit reports to their administrative department. Finance Department conveyed approval for issuing notice to all liquor shop owners along with National Highway with the directions to them to move away from the State/National Highway to any other place failing which licensed premise shall be closed without any further notice.
In light of Supreme Court directions, High Court on April 20 while hearing a petition filed by residents of Shivpora Cantonment area about the wine shop directed the authorities to comply with court directions and they were supposed to close down the wine shop situated in the vicinity of cantonment area in Srinagar which is situated within 500 meters on highway.
Court ordered the Government through Chief Secretary and Director General of Police to file compliance about wine shop housed in hotel CH2, opposite children’s hospital, at Batwara here by April 25.
The court was hearing a plea filed by residents of Shivpora who have authorized one Bilal Ahmad Bhat for conducting the case on their behalf before the court.
It is pleaded by the residents of Shivpora that the Government has failed to implement directions of the Supreme Court, banning sale of liquor from an outlet visible from National or State highway.
“The residents have suffered immensely on account of presence of liquor shop due to which most of the times ruckus is caused by the drunkards in the vicinity subjecting the petitioners to live a life of constant fear and threat,” they said.
Interestingly Excise Commissioner in his reply before the court states that license is not granted if the premises are near any education or religious place. “If the site of the proposed is near a Railway Station, educational institution, Hospital area or any large factory, mill or workshop, the Deputy Excise Commissioner has to obtain the opinion of these institutions or commercial firms”, Excise Commissioner’s report says adding with that objections from general public are also sought before granting any license for conducting liquor trade to any individual.
Excise Commissioner in his report on September, 2015 submitted before the court that all the wine shops which are 40 in number and included Chatoo’s wine shop is location on National Highway and notice by his department has already been sent them to shift their outlets to some other places within three months failing which their premises (shops) be closed without any further notice.
High Court in other petition on the use of liquor observed that the gross loss of unimaginable magnitude in intoxicants overweighs the little benefits in them, and that there cannot be any good in something that covers minds, induces ruin in the biological beings and economy of a people and reduces most of the consumers to abject penury.
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