Few months back SC had passed the judgement that no Liquor shops, Bars and Hotels/Restaurants serving liquor will be allowed within 500 meters of National and State Highways. This judgement was passed for a Public Interest litigation(PIL) filed in SC stating that because Liquor is easily available along the highways hence people driving their personal vehicles and Commercial vehicles’ drivers drink on the way and then drive the vehicles which leads to accidents.. The intention of the judgement was very good but its implementation was not proper because of lack of clarity in judgement.
So what happens next:
- So all the State Govts issued order quoting SC judgement and ordered all the liquor shops, Hotel and Restaurants serving liquor within 500 meters of highways, to obey SC’s order and close the business.
- This had a very adverse affect on all the establishments(as mentioned above) in the city area which were within 500 meters of highway.
- Take the case of Mumbai city, where Western Express Highway and Eastern Express Highway ( Both National Highways) pass through the city. Within 500 meters of both these highways there are Thousands of Liquor Shops, Bars, Restaurants and Hotels serving liquors and many star hotels who serve liquor in their Restaurants and Rooms.
- The associations of all these establishments made a representation to the govt that we all have relevant State govt permissions to serve/sell liquor and have paid necessary yearly fees, so how they can be asked to stop their business.
- So after few days Govt issued a notifications that any highways when passing through city limits then they ceased to be highways. So all these establishments heaved a sigh of relief.
Now yesterday SC said that the order barring liquor vending within 500 meters of highways was meant to deny drivers access to liquor on highways, where vehicles are driven at high speed and not within cities. Chief Justice Khehar Singh and Justice DY Chandrachud observed that highways within city limits could be considered as internal or district roads. This order came after some NGO approached SC after Punjab & Haryana High Court rejected their plea against Chandigarh’s administration’s refusal to denotify the highways passing through city roads.
My contention is that when the earlier order was passed by the judges of SC, why they did not realise that this issue of highways passing through city limits and having liquor vending establishments within 500 meters will pose a problem. It so happens that the judiciary while giving judgement takes care of only that particular case and does not think of its implication in general. Now in this case also Kerala Bar Hotels and Restaurant Employees Association has approached the SC for exemption for the state from its order on highway liquor ban, saying that thousands of workers have lost their jobs with no alternate source of income. Now more association will follow the suit.
My view is that this type of ban will never work, a person who wants to drink will always find ways and means to get the liquor. The SC in their judgement should have also directed all the state Govts to start a drive against the ills of drinking and driving, and educate the people against the use of liquor. The Govt and Police should be more vigilant against drunk drivers on highways and do not take bribes and leave the offenders.In city like Mumbai, as Police is more vigilant against drunk driving, the people have started taking precautions so that they do not drink if they have to drive afterwards or they use services of drivers or hire cabs.
What you say my friends.
Awaiting your feed backs and comments.