Excelsior Correspondent
SRINAGAR, Oct 6: The Division Bench of Jammu and Kashmir High Court in a PIL seeking ban on consumption of liquor in the State, granted one more week to the Government indicating therein as to what steps have been taken by the Government for prohibiting the liquor business near education institutions, hospital, religious places, National Highways and State Highways.
The time of one week has been granted to the Government to come with stand as the Advocate General of the State appeared and sought further time from the court for filing the response to the PIL.
Advocate General submitted before the Division Bench of Chief Justice N P Vasanthakumar and Justice Ali Mohammad Magrey that the report has been received from the Excise Commissioner and no permission has been issued to any person to operate on highway as also shops located on highways have been issued notice to relocate, as no one is allowed to operate it along high ways.
Court made a query to the AG about Schools and religious places and AG submitted that it is not allowed to operate near schools or religious places. However, he also submitted that it is not possible to order total prohibition. Court asked him that liquor should be labeled that it is injurious to health.
Court also reminded AG that court on last date had asked for timing of these shops as to on what time they should be allowed to operate. “Timing is not notified even as such, it is stated that timing has been notified, but it is not given”, court said.
Court asked for status of those shops which are near hospital and on State Highway. “You have not given it. What about liquor shops at state highway” to this AG submitted that notice shall be issued to those shops.
The instant PIL seeking ban on sale and consumption of liquor in the State has been filed by Islamic Organisation namely Karwani Islami through its chairman Ghulam Rasool Haami and he states that Government has failed to take necessary steps for prohibition of sale and consumption of liquor in the State.
Court observed that the issue as to whether in the State its is to be totally prohibited or a policy decision to be taken by the State Government. “Bearing the same in mind, one week’s notice is issued to the respondents to respond”, said the bench of CJ and Justice Magrey.
Petitioner Haami state 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 day in and day out and many human lives have lost their lives due to drunk driving and seeks complete prohibition of sale and consumption of liquor in the entire State.
Referring the Article 38 of Indian Constitution petitioner says: “The said Article imposes obligation on state that states shall secure a social order for the promotion of welfare of people and same cannot be achieved without good public health it is the bounden duty and obligation of the State of Jammu and Kashmir to take necessary steps to curb the menace of liquor which has far-reaching ill effects to the health and wellbeing of the population of Jammu and Kashmir State as such the petitioner seeks indulgence of this Hon’ble court”.
It is further stated that time and again proved scientifically that consumption of liquor has devastating effects on health and mental wellbeing of an individual the state of Jammu and Kashmir by not enacting necessary laws and steps to stop sale and consumption of liquor which violates fundamental right under Article 21 of Constitution of India.
Petitioner sought 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 this drink addition. Court fixed the next hearing of the matter for October 10 till than respondents are at liberty to file their stand in the matter.
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