Civil Procedure Code (CPC)

Query for liquor prohibition case

This query is : Resolved 
 

(Querist)
21 October 2010

Respected sir,
My name is Krish Mehta. I am a student from Jamnagar, Gujarat. As you may already know it otherwise let me tell you bout the topic on which a query i want to ask. It has been 50+ years for Gujarat as a dry state (where alcohol-liquour consuming, selling is legally banned). We the people of Gujarat are daily witnessing that this law is now not working at all. Just as it failed in America & other regions. Corruption is at its worst due to this policy. This policy is not working & people are drinking illicit chemicals in the name of alcohol!

Coming to the point, can i file a public interest petition to the high court of Gujarat or any other kind of case in order to challenge this policy? The rule was implemented by Government of Gujarat at the time of partition of Gujarat-Maharashtra(Mumbai state) & the act under the crime gets its name is Bombay Prohibition Act.

Hoping a favorable reply from you soon.
Thanking you in advance!

Yours sincerely,
Krish Mehta.


R.Ramachandran (Expert)
21 October 2010

One cannot question any Policy of the Government. But, one can question any discriminatary treatment meted out to similarly placed persons, while implementing such policy.

Khaleel Ahmed (Expert)
21 October 2010

Yes, you can file PIL in this regard before High Court.

Kirti Kar TripathiOnline (Expert)
21 October 2010

i agree with Mr. Ramachandran

aman kumar (Expert)
21 October 2010

you can file PIL in this regard before High Court.

pawan sharma (Expert)
21 October 2010

the policy of the Govt. can only be challenge where it against the constitution, you may file PIL as suggested our Sr.Expert Aman ji.

Arun Kumar Bhagat (Expert)
21 October 2010

You can file a writ terming the policy of prohibition on the ground of being Ultravires .

Sathyan A.R. (Expert)
21 October 2010

Dear Krish
List II of teh Seventh Schedule ontains entry number 8 and 51 relating to alcholic substanced under the State list.Pblic health is also listed as state subject inentry no.6. If the state considesrs thaat alcholic consumption in any form is injurious to public health it may pass necessary order restricting it consumption.The power is absolute with the state. Gujarath Government has made it a moral policy because it is the birth place of Mahatma Gandhi the father of Nation who preached against consumption liquour on moral grounds.
I dont think there is any scope for filing PIL on this issue because the Act has not contained any discriminatory treatment nor it is in violaton of any fundamental right in part III.

Recently SC in one csse sarcasticaly questioned whether corruption shoudl be regularised becaue it is prevalent every where.

On the legal ground i think there is no case and on the moral and ethical groud too i dont subscribe to the view of opposing the rule of prohibition followed by Gujarat despite loss of revenue on account of this
act.
A.R.Sathyan

Sathyan A.R. (Expert)
21 October 2010

Dear Krish

In a WP 465/1978 filed by Satish Mujumdar vs. State of Tamil Nadu aginstimposing restrictions on liqour consumption, the HON.HC has in detailed dwelt up on the article related to FR 14 and 19(1)f) and article 47 (nutrition and public health) enumerated in Directive policy. The court has dismissed the WP. by order dated dt 21.7.78(AIR 1979 Mad 246)
on the basis of the precedent case i dont think ther is a strong case for either PIL or Writ of mandumus

Devajyoti BarmanOnline (Expert)
21 October 2010

Right.

Krish (Querist)
22 October 2010

Thank you very much all for taking interest in the query & giving your precious advice cum time. Kindly suggest also that, what to do if The Court is just keep rejecting petitions related to prohibition? (because most of the times it has happened!) is there any special way to pray to The Court to accept the PIL??

Raj Kumar MakkadOnline (Expert)
22 October 2010

I do agree with Sathyam

s.subramanian (Expert)
24 October 2010

Mr.Sathyan is right.

Krish (Querist)
25 October 2010

thank you very much everyone!



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