Pouring cold water on tipplers' hopes of once again savouring their drinks, the Bihar government today notified a new prohibition law which could land them in jail for up to seven years and make them poorer by Rs one lakh to Rs 10 lakh, two days after the Patna High Court quashed its order on banning alcohol consumption.
The government notified the Bihar Prohibition and Excise Act, 2016, ensuring that the ban on sale and consumption of alcohol, including Indian Made Foreign Liquor (IMFL), as well spiced and domestic liquor continued in the state despite the high court holding it "ultra vires of the Constitution".
It also has a provision under which people who allow their premises to be used for a congregation where liquor is served and brawls take place will be imprisoned for a period of ten years which can be extended to life term.
At a special meeting of the state cabinet called on Gandhi Jayanti, Chief Minister Nitish Kumar and other members of his Cabinet took a pledge to continue with prohibition which they said was "ushering in positive social change" in the state.
All adults of a family are liable to be arrested if liquor was found at their house. Collective fine would be slapped on villages and urban clusters in case of habitual violation of the prohibition law.
Seeking to address the concern of people about being falsely implicated in cases, the new law has provision for prosecution of an excise or police officer for making vexatious search, seizure, detention or arrest under the Act.
There is provision of three years' jail and a penalty of Rs 1 lakh, or with both for such errant officers.
Principal Secretary (Cabinet Secretariat) Brajesh Mehrotra usually briefs the media about Cabinet decisions, but today Nitish Kumar informed reporters about the new law and fielded questions from them.
Kumar said the new law would be a real tribute to the father of the nation at a time when the state was readying for observing the centenary celebrations of Mahatma Gandhi's Champaran Satyagraha against the British rule from early 2017.
Governor Ram Nath Kovind had given his assent to the new law on September 7 after it was approved by the two Houses of the state legislature on August 4. After the gubernatorial nod for its enforcement, the state Cabinet had on September decided to notify it with effect from October 2.
Defending his government's decision on prohibition, Kumar referred to the Supreme Court's order that sale and consumption of liquor is not a fundamental right of a citizen.
"Besides it is in tune with the Directive Principles of the state policy. I am following Constitutional duty," he said.
Kumar was dismissive about main opposition BJP asking the government not to take any hasty decision while bringing in a new prohibition law which might not pass legal scrutiny again.
"If opposition to liquor law by a leader for whom space is reserved in newspapers for his daily statements is meant only to see to it that it fails in the state, I have nothing to say. But if BJP or any citizen has to make some constructive suggestion against any provision of the liquor law, it is welcome," he said, apparently referring to senior BJP leader Sushil Kumar Modi, a former deputy chief minister.
Moreover, he said, the Winter Session of Bihar legislature is not not far and any legislator who has to make some suggestion for more effective implementation of prohibition law can do so.
The court has given some exemptions to Sikkim, Meghalaya
and Himachal Pradesh. It also held that areas with a population up to 20,000 may have liquor vends at a distance of 220 metres from the highways.
In West Bengal, the police and excise were keeping a vigil on both the national and state highways so that the order was strictly followed.
Not a single liquor outlet was open on Kona Expressway, Bombay Road. Some had even "Bar Closed" notices. Several bars in the districts of Howrah, Hooghly, South and North 24 Parganas, Burdwan were also shut.
However, bars alongside the EM Bypass, VIP Road, and parts of Jessore Road were having business as usual as the state government had recently dropped them from the list of state highways.
A few residents of the Kona Expressway alleged that liquor were sold through the rear door of shops which had their front doors closed.
When contacted, an excise official said that round the clock screening was being done and bar owners had followed the instructions of not opening the outlets.
"A bar owner, shocked by the order of the apex court said,"We were completely surprised by the order. We do not know what to do now. Our business has been badly affected."
In Rajasthan, out of the total 7760liquorshops in the state,2800 fell within the 500 meter radius from highways.
"Nearly 2800 shops in Rajasthan were affected due to the Supreme court order. Most of the shops were shifted elsewhere from their highway location and remaining few were closed because of non-availability of suitable location," O P Yadav, the Excise Commissioner said.
He added that with the Supreme Courtmodifying its order and reducing the distance from 500 meters to 220 meters in municipal areas having population less than 20,000, the department would now revise the number and location of shops in light of the new direction.
The Rajasthan government officer said that the impact of the decision on the revenue collection would only be assessed after first quarter of the new financial year.
Haryana government officials expect about 200 bars will be closed down in the wake of the order while the Punjab officials say they are work out the exact number.
"Out of 478 bars in Haryana, 194 bars will be affected by the Supreme Court order. Out of 194 affected bars in the state, maximum of them are in Gurugram. Out of total 292 bars in Gurugram, this order will have implications on 106 bars," a Haryana government official said.
There could be estimated revenue foregone to the tune of Rs 100 crore, the official said
Meanwhile, in the Union Territory of Chandigarh, about 90 bars including pubs will be affected because of the Supreme Court order.
An office bearer of Chandigarh Hotel and Restaurant
association said because of closure of bars in the city, a large number of people employed in these shops would be jobless.
Expressing concern over nearly 1.5 lakh fatalities occur in road accidents every year, the Supreme court had said that no newliquorvend shall come up along national and state highways while those already having licenses will have to shutshopby April 1, 2017.
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In Gurugram, restaurants and hotels chains owners have joined hands and are planning to meet union minister of Tourism and culture Mahesh Sharma and Haryana Chief Minister Manohar Lal Khattar on Monday.
The order will lead to loss of employment for many, while also adversely affecting revenue, business and tourism in the country, they said.
Kapil Chopra, President, the Oberoi Group and Former Chairperson of WTTC said "We completely respect the Supreme Court judgement but with thousands of bars and restaurant will be affected in India."
He said tourists love to visit India but they may find it unappealing if they are not allowed to have a glass of beer or wine in a hotel.
He said it is better to have a stricter drunken driving law.
