Excelsior Correspondent
SRINAGAR, Oct 14: The Division Bench of Jammu and Kashmir High Court today granted week’s time to the State Government for filing of status report on liquor shops located on highways of the State.
Advocate General stated before the court that list of those shops which are operating on State highways shall be produced before the court after seeking information from the department of roads and building as to how many State highways are in the State.
Division Bench of Chief Justice N P Vasanthakumar and Justice Hasnain Masoodi directed the status report showing list of shops located on State highways be filed by next date i.e. 27.10.2015.
Meanwhile, court allowed the application filed by Jammu Wine Traders Association through its president S Charanjeet Singh and made the said association party respondent to the PIL. The association was represented by advocate Rahil Raja.
Advocate Firdous Parray representing petitioners submitted before the court that wine shops are still running on National Highway near Badami Bagh Cantonment Board Srinagar despite Central University branch located there.
Advocate representing Jammu Wine Association submitted before the court that the prayer made in the instant PIL is opposed by the Association. Court said that under the direction of Supreme Court no wine shop can be allowed to run on National Highways or State highways.
In its status report Government says that in view of the various litigation before High Courts and Supreme Court no fresh liquor license has been issued for any new vendor from last 10 years. It is further stated that no writ would lie to direct the State to bring about total prohibition by relying upon the Article 47 of the Indian Constitution. “However, the prime duties of the State under the Constitution of India and State constitution is improvement of public health by prohibiting the consumption of intoxicating drinks and drugs injurious to health”, reads the report of Excise of Commissioner.
It is further stated that the country from time to time has tried to get its citizens to stop drinking liquor but this encouraged bootlegging and spurious liquor. “As such total ban on liquor in the State shall prove counterproductive as it will result not only in loss of revenue due to interstate smuggling but also may lead to manufacture of spurious liquor and consequent deaths of poor consumers”, report indicates.
Referring the prohibition of liquor in Haryana in 1996 it is said that the ban cost the State treasury Rs 12 billion in Excise revenue which led to the loss of 20,000 jobs in brewing, distilling and retailing of alcoholic drinks.
It has also been brought to the notice of the court through the report of Excise Commissioner that various steps have been taken by the Government to restrict and regulate the trade of liquor in the State among these steps liquor is taxed heavily. No advertisement of liquor is permitted in the State. No liquor is imported into the State or sold in the State without the legend ‘consumption of liquor is injurious to health’ printed on the labels. It cannot be sold to a person of less than 21 years of age. Timing have also been notified and no one is allowed to operate beyond prescribed time.
Court has also been provided with the list of 40 shops located on National Highway and their location has been reflected as Lakhanpur, Kathua, Barnoli, Samba, Vijaypur, Bari-Brahmana, Jammu, Tikri, Udhampur, Chennani, Ramban, Srinagar, Rajouri, Surankot, Patnitop, Doda, Kishtwar and Thathri.
The instant PIL seeking ban on sale and consumption of liquor in the State has been filed by Islamic Organisation, Karwani Islami, through its chairman Ghulam Rasool Haami. He states that Government has failed to take necessary steps for prohibition of sale and consumption of liquor in the State.
Petitioner Haami states that due to failure of Government for not taking affective steps in this regard, the health of the residents of the State has badly affected and various social evils have taken place.
Petitioner seeks direction from the court upon the respondents commanding them to close all such shops and other establishments wherein liquor is sold and further ensure that those involved in this business be rehabilitated by providing alternative means of livelihood and that respondents be commanded to provide necessary counseling to those who have been victim of liquor. Court fixed the next hearing of the matter for October 10 till then respondents are at liberty to file their stand in the matter.
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