 |
|
The Patna High Court has issued a scathing critique of Bihar's prohibition law, characterizing it as a tool for government officials to enrich themselves. In a ruling delivered on October 19 and uploaded on November 13, the court highlighted the law's unintended consequences, arguing that it has fostered a culture of corruption and undermined the very purpose of the prohibition itself. The ruling came in response to a petition filed by Mukesh Kumar Paswan, a Khagaria resident who had been suspended as an inspector four years prior following the discovery of liquor during a raid by the state excise department.
The High Court, in quashing Paswan's suspension, deemed it a violation of natural justice. The court expressed its frustration with the state government's inability to effectively enforce the Bihar Prohibition and Excise Act, 2016 – a law spearheaded by Chief Minister Nitish Kumar. The court observed that the law, intended to curb alcohol consumption, had instead inadvertently fueled a lucrative underground market, enriching officials involved in its enforcement. The court pointed out that the legislation had given rise to ingenious methods of smuggling and distributing alcohol, with law enforcement agencies, including police, excise, and transport officials, actively participating in the illicit trade for personal gain.
The court's judgment underscores the inherent flaws in the current system. The emphasis on punishing low-level consumers while leaving the kingpins and syndicates largely untouched creates a system that disproportionately impacts the poorest members of society. The court further observed that investigative procedures often lack thoroughness, allowing criminal elements to escape accountability. This reality paints a stark picture of the law's failure to achieve its intended goals and highlights the need for a comprehensive reevaluation of the Bihar Prohibition and Excise Act, 2016. The court's decision is a significant blow to the state government's efforts to enforce prohibition and raises critical questions about the law's effectiveness and its unintended consequences.
Source: 'Big money for Babus': Patna HC's scathing observations on prohibition law in Bihar