The Odisha High Court on Tuesday issued notices to the State Government asking it to file counters in the form of affidavits on a PIl, which has sought a complete ban on manufacture and sale of liquor in the entire State.
Holding preliminary hearing on the PIl, a Division Bench of the High Court comprising Chief Justice C Nagappan and Justice Indrajit Mohanti issued notices to the State Chief Secretary, Principal Secretaries of Home and Excise Departments and the Excise Commissioner.
“The High Court has directed all the respondents to file their counters within four weeks,” informed petitioner Arun Kumar Budhia, who himself is a practising advocate of the High Court.
Budhia has mentioned in the petition that Article 21 of the Constitution guarantees protection of life. “But the Government playing a key role in manufacturing and sale of liquor infringes the very indispensable spirit of this Fundamental Right as it has been proven beyond any doubt that consumption of liquor is harmful to health,” he said.
Similarly, dwelling on Article 19 (1) (g) of the Constitution which guarantees for practice of any profession or to carry on any occupation, trade or business, the Supreme Court has time and again clarified and law is well-settled that trade in liquor is not covered in this fundamental right, Budhia has contended in his petition.
Dealing in details about the liquor tragedies in the State, the petitioner has pointed out that the State Government has spent a substantial amount in instituting commissions of inquiry, treatment of victims, paying compensation to bereaved families, rehabilitation of victims and opening of de-addiction centres for drunkards, which nullify the revenue generated through sale of liquor.
Budhia has also pointed out that if the State’s coffers are overflowing with excise revenue, sale and consumption of liquor too have contributed in soaring crimes, particularly sex-related crimes and domestic violence.
Urging the High Court to declare Odisha as a ‘Dry State’ by total prohibition in the form of any legislation, the petitioner has challenged that if this is not possible then why we provide lip services by banning sale of liquor during festive occasions or during the time of elections.