Date:09/01/2009 URL: http://www.thehindu.com/2009/01/09/stories/2009010958780800.htm

New Delhi

PMK challenges High Court verdict

J. Venkatesan

Court had declined to interfere with policy on sale of liquor

New Delhi: The Pattali Makkal Katchi has moved the Supreme Court challenging a judgment of the Madras High Court declining to interfere with the policy decision of the Tamil Nadu government on the sale of alcohol, Indian Made Foreign Liquor and other non-medicinal intoxicants in the State. The SLP is expected to come up for hearing next week.

The High Court, by a common order dated June 19, 2008, dismissed two writ petitions filed by president of the women’s wing of the PMK Nirmala Raja, questioning the liquor policy of fixing sales targets for various shops and seeking a direction to the State government to set up de-addiction centres in each district.

The special leave petition is directed against this order.

The petitioner submitted that the question that arose for consideration in this appeal was whether the High Court could refuse to implement the mandate of Article 47 of the Constitution (relating to prohibition in the sale of liquor) on the ground that it was a policy decision of the State government.

The High Court had failed to see that the State government’s policy in the manufacture and trading of IMFL and fixing sales targets was against public interest and violative of Articles 21 (right to life and liberty) and 47 of the Constitution. The State was more concerned about the revenue generated by sale of IMFL and not at all concerned about public health.

Since 1950 no party in power in the State had taken the issue regarding prohibition seriously. Lack of political will among the rulers and the failure to frame policies towards prohibition in tune with Article 47 of the Constitution had resulted in deterioration of living standards of vast sections of people.

The High Court had failed to see that the result of liquor policy of the State, people, particularly those belonging to weaker sections of society, were affected. The court could not be a mute spectator to the evils of alcohol and alcoholism. The SLP stated that the High court, without adverting to the ill-effects of increase in volume of sale of liquor manufactured and sold in the State through the State-owned marketing corporation, dismissed the petitions in a routine manner asking the petitioner to make a representation to the government.