Chief Minister Nitish Kumar on Tuesday air dashed to Delhi with some top bureaucrats and held two-hour long meeting with State standing counsel Gopal Singh amid the reports that the Government is forced to affect some changes in the Bihar Prohibition and Excise Act, 2016 which was implemented on October 2.
The Patna High Court had in the last week of September termed some of the provisions of the Act ultra vires and illegal. Even though the Supreme Court stayed the High Court order the matter is yet to be decided by the apex court.
In the backdrop of the bitter criticism by the Opposition as well as sections of the intelligentsia for the “draconian” provisions in the Act, the Government has decided to seek public opinion on the Prohibition law as a pretext to make certain amendments in bid to escape judicial scrutiny.
The Excise and Prohibition department on Tuesday issued an advertisement inviting peoples’ views and their constructive suggestions on the provisions of the law and its implementation. The ad issued by the Excise Commissioner said that there had been detailed discussion on the law and many write ups also appeared. “Some people called certain provisions very stringent and raised question mark over them but they did not give any constructive suggestions for its implementation. The Government is committed to implement prohibition law and welcomes suggestions from everybody for consideration,” the ad said.
The suggestions could be mailed to feedbackprohibitionbihar@gmail.com or sent by post till November 12.
Nitish said he was expecting some positive suggestions from those call certain provisions of the Act as draconian but they did not tell us how to make it non-draconian. “Suggestions with positive commitments are welcome,” he added.
The ad said that the prohibition law has laid a foundation for the social change and the Government’s move has received tremendous support from the public who by and large support ban on liquor.
In other States too social organisations and women’s groups have welcomed this decision and going ahead with their campaign for total prohibition in their States, it claimed.
Sources in the Government said there are possibilities that certain provisions which are seen as stringent and harsh could be amended. They include arrest of all adult members of the family, including female, if liquor is found in their house irrespective of who consumed it, confiscation of the house and heavy fines and jail term. The Government is also likely to bring necessary amendments in the Act in the winter session of the Assembly convened in the last week of this month.
Senior BJP leader Sushil Kumar Modi said, “Nitish is scared that due to some provisions the Supreme Court might quash the law and that is the reason he is trying to modify the law by erasing the draconian provisions.” He however, added that he would welcome if such amendments are made.