Nitish loses out on prohibition, Shahabuddin
The courts have delivered two body-blows to the Nitish Kumar Government, leaving it rattled and scampering for cover. The first is setting aside the release on bail of muscleman-politician Mohammad Shahabuddin, and the second is cancelling the Bihar Government's notification which had imposed prohibition in the State. Chief Minister Nitish Kumar and his team may claim that they were as eager to see the bail granted by the Patna High Court to Shahabuddin, revoked by the Supreme Court. The State Government did support an appeal filed by one of the parties for the bail to be set aside. But the real issue, and which the apex court tellingly observed, is the ease with which the strongman from Siwan had got the bail in the first place, despite a slew of serious offences against his name and conviction in a few cases. The court asked the Government why it was in “deep slumber”. It had been clear from the start that the State regime had put up a weak defence against the bail appeal before the High Court. like the apex court pointed out, it had failed to present strong material against Shahabuddin, which was in plenty. Chief Minister Nitish Kumar cannot escape responsibility. It is widely believed that his Government showed laxity because of political reasons. The Siwan muscleman is considered close to Rashtriya Janata Dal chief lalu Prasad, whose support is essential for the Government’s survival. Ironically, Nitish Kumar had been one of Shahabuddin's fiercest critics. And, soon after his release from a Bhagalpur prison, the Siwan don rubbished Nitish Kumar's leadership and said he was a Chief Minister of “circumstances” and that lalu Prasad remains his leader. In retrospect, Nitish Kumar gained neither Shahabuddin's gratitude nor public praise by his supine conduct. It remains to be seen how the new development, with Shahabuddin back in jail, will play out politically in Bihar.
The Patna High Court's decision to scrap Nitish Kumar's favourite law imposing total prohibition in the State, is an equally personal blow, because prohibition had been one of his key election promises. He had rallied round the support of families on the issue, which paid dividend in the Assembly election. Buoyed by the response, he had even visited other States, promoting his pet theme. But clearly, the manner in which he had imposed the ban on liquor, introducing draconian measures through an amendment to the relevant Act, was improper. He had failed in doing his homework adequately. The result was that the notification got successfully challenged. Some nit-picking is on, regarding what exactly the court has nullified; the Government's legal team says only a few provisions of the legislation, and not the entire new Act, has been set aside. Whatever the case may, the setback to Nitish Kumar is real.
There is a sniff of politics here too. It is being said that the Chief Minister's decision to impose prohibition had also to do with the fact that many liquor barons operating in the State are close to lalu Prasad. The new legislation was a means to establish Nitish Kumar's primacy. This theory is difficult to believe. lalu Prasad's people have a sway in the Cabinet, and it was the Cabinet which cleared the prohibition law. Nevertheless, Nitish Kumar's image has taken a beating.