Liquor shops: SC reprimands Chhattisgarh and its officers

New Delhi, Apr 25 (UNI) The Supreme Court has severely reprimanded the state of Chhattisgarh and its officers for flouting its directions in the matter of granting of excise licenses for liquor shops in the state and expressed the hope that in future the state and its authorities would not commit the same mistake.

A bench comprising Mr. Justice S.B. Sinha and Mr. Justice P.K.

Balasubramnyan vide judgment dated April 21 has expressed its dismay that the applications filed by the appellants including Ashok Lenka were not scrutinised minutely despite the directions of the highest court.

The Court also observed while allowing the appeals,"The state of Chhattisgarh , we are not very sure, whether was aware of its constitutional duties and functions.It seems to have been more concerned with raising of revenue.To that extent it had succeeded as the high court in the first round of litigation despite directing a fresh scrutiny of the applications did not direct refund of the huge amount collected by it by way of application fees. We would however, expect the state and its officers to scrupulously follow the constitutional mandate in future." The state issued notices inviting tenders for grant of excise licences for liquor shops and about 2,64,703 applications were received.

The high court vide judgment dated March 31,2005 ordered cancellation of licences. Appeals were filed in the Supreme Court and the apex court vide interim order permitted licencees to carry on their business.

The state of Chhattisgarh however contended that district committees and Commissioner of Excise scrutinised the applications of the licencees over again under the strict supervision of the state chief secretary and found that the licencees fully fulfilled the conditions laid down under the Rules.

In all, 191 persons were granted licence and only 65 licencees were made parties in the writ petition.

The Supreme Court also noted that the state is duty bound to make endeavours to promote public health and one important component of such directions was regulation and control over trade in intoxicating drinks so as to enable the state to curb or minimize as far as possible the consumption thereof.

The court also observed that state might certainly earn revenue but only upon fulfillment of its constitutional and statutory obligations.

The court also took note of the possibility of licences having been issued in the name of fake persons and to ineligible applicants as the addresses given in the applications were vague. The scrutiny committee also relied on character certificates issued by tehsildars, municipal councillors etc. instead of area Superindent of Police.

The court taking note of the fact that the licence periods has already expired and purpose of filling writ petitions stands defeated concluded,"We hope and trust that the state of Chattisgarh and its authorities would not commit the same mistakes in the coming years keeping in mind the mandate of Article 47 of the Constitution of India and scrupulously observe the rules for disposal of liquor shops." UNI AKS/SC RP ht2005