Jharkhand High Court
Tirth Raj Shree Shikharji Jain Samanway ... vs Home Department on 18 July, 2013
Author: Prakash Tatia
Bench: Chief Justice, Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P.(PIL) No. 1582 of 2013
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Tirth Raj Shree Shikharji Jain
Samanway Samiti & others --- --- --- Petitioners
Versus
The State of Jharkhand through
the Chief Secretary, Home
Department & others -- -- -- Respondents
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Coram: Hon'ble the Chief Justice
Hon'ble Mr. Justice Aparesh Kumar Singh
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For the Petitioner: Mr. Delip Jerath & Mr. Rajesh Kumar, Advocates
For the State: JC to AG
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Order No. 04 Dated 18th July 2013
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Heard counsel for the parties and perused the counter affidavit filed on behalf of the respondent nos. 5, 7 and 9.
2. Learned counsel for the petitioners vehemently submitted that though, the State has issued orders for prohibition of use and consumption of liquor in the area of Parasnath Temple, but the trade of liquor in that area is rampant and is freely done by the person against which no action has been taken by the State Authorities working in the Police Department or in the Excise Department. Learned counsel for the petitioners has pointed out towards Annexures annexed with the counter affidavit filed by the respondent nos. 5, 7 and 9 which indicate that in almost all the cases, though liquor was found in quantity, but FIR is against unknown persons. According to the learned counsel for the State, such report was given by the Excise Department.
3. The stand taken by the State that the said report was given by the Excise Department clearly indicates that the Excise Department has virtually failed to give effect to the lawful orders passed by the State Government.
4. It is pointed out by the learned counsel for the petitioners that the respondents at para-17 of the counter affidavit have mentioned that Parasnath Hill is situated in the State of Jharkhand and keeping in view the life style of the people of the said locality, both factions i.e. Jains and other people has to co-exist and both of them must develop respect for each others culture and tradition and in this regard, administration has to take all positive steps. It is stated at para-8 of the affidavit that the State has admitted that no licence has been granted for trade of liquor in the Hill city of Parasnath.
5. It appears that the State is under confusion and that may be an utter confusion that the liquor prohibition applies only to Jains and whatever is being done by the Jharkhand State Legal Services Authority to educate the persons against consumption of liquor works for Jains Community only. Such confusion should be removed by the Government from its mind. It is a matter of education which requires to be strengthened by the State so that the persons who are addicted and consuming liquor, must know that it is not in their own interest and ultimately, not in the interest of the country. Such positive attitude is required to be developed by educating the people not by force and therefore, the State should also take care in submitting reply to the Court. We cannot ignore the fact that not only the State but the Central Government also are issuing advertisements by spending millions of rupees in teaching the persons against consumption of the liquor and then taken such stand, cannot be appreciated. We expect that the Excise Department as well as the State Police Department will see that such illegal trade should not be carried on in the area where prohibition orders have been issued by the State Government as it is the duty of its Agency to enforce the lawful orders passed by the State Government.
6. The superior authority cannot shut their eyes and they are supposed to take disciplinary action against the persons who are negligent in performing their duties and who are in fact permitting to flout the orders passed by the State Government in public interest.
7. The State may now submit a complete status report with respect to the trade of liquor in the area of the State of Jharkhand where prohibition order is in force irrespective of the only one area.
8. The State Agency shall take immediate action against the illegal trade of liquor which has already taken life of thousands of persons in India and only after consumption of illegal poisonous liquor by large number of persons, the State normally wakes up the issue. There should not be confusion in respect of religion and caste. It should take any positive stand and the State Authorities should see this from an angle of human respect and dignity. The State is directed to give a complete action plan by or before 20th August 2013.
Put up on 20th August 2013.
(Prakash Tatia, C.J.) (Aparesh Kumar Singh, J) Ranjeet/Jk