Early Times Report
Srinagar, Sept 29: Complete prohibition on sale of liquor in Jammu and Kashmir is a policy decision to be taken by the government, a division bench of state high court said today.
Hearing a Public Interest Litigation, the division bench of the court comprising chief justice N Paul Vasatha Kumar and Justice Ali Mohammad Magrey also directed the government to file its reply about the location of liquor shops near the educational institutions, hospitals, places of worship, national and state highways as well as on what time the liquor shops should be opened and closed.
"The issue as to whether in Jammu and Kashmir total prohibition is to be strictly enforced or not, is a policy decision to be taken by the State Government," the bench said while hearing a PIL filed by Karwan-e-Islam, a religious organization, seeking the ban on sale and consumption of liquor in J&K.
"Bearing the same in mind, though prayer is made in the petition seeking direction to close down the shops and other establishments wherein liquor is sold and further to ensure that those involved in the business be rehabilitated and provided necessary counselling to those who have been victim of this addiction, one week's notice is issued to the respondents to respond in so far as giving direction regarding location of liquor shops near the educational institutions, hospitals, places of worship, national and state Highways and on what time the liquor shops should be opened and closed," the division bench said and posted the PIL for further consideration on October 6.
The organization through its chairman Sheikh Ghulam Rasool Hami seeks the court intervention claiming that government has failed to take necessary steps for banning liquor in the state.
"Alcohol is freely available at different places in state and the common masses have easily access to such places," the petitioner said.
Referring to part-IV of Indian constitution under Article 47, the petitioner says, states shall endeavor to bring about prohibition of the consumption except for medicinal purpose of intoxicating drinks and of drugs which are injurious to health.
"Article 38 of constitution of India imposes obligation on states to secure a social order for the promotion of welfare of people and same cannot be achieved without good public health," the petitioner said, emphasizing that it's the bounden duty and obligation of the state to take necessary steps to curb the menace of liquor which has far-reaching ill effects to the health and wellbeing of people in J&K. |
