PATNA: If there is one sector which has been quite critical of the prevailing liquor prohibition regime in Bihar, it’s the judiciary. The judiciary has often expressed its displeasure over courts handling lakhs of cases related to bail of liquor offenders, seizure of vehicles and confiscation of properties under Bihar Prohibition and Excise Act, affecting the routine functioning of the courts.
On January 11 this year, the Supreme Court had orally made remark that the Bihar Prohibition and Excise Act, 2016 has created such an impact on the functioning of the Patna high court that even listing of matters is taking weeks as the court is busy in hearing bail matters of the accused booked under the Act. The apex court again remarked on March 8 that “Bihar government had brought the prohibition law without any legislative impact study”.
Such “harsh” remarks from the apex court suffices the scenario of the pressure of cases on Patna high court, which is presently functioning with little more than half of its strength. Pendency of about more than 35,000 bail applications at the high court is largely attributed to the prohibition law.
As per a recent report of the Patna high court’s registry, as many as 39,622 bail applications, including 21,671 anticipatory and 17,951 regular, are pending before the assigned benches. Further, 36,416 fresh bail applications, including 20,498 anticipatory and 15,918 regular ones, are yet to be taken up. As per the state’s police records, 3,48,170 cases were lodged and 4,01,855 arrests made under the prohibition law till October last and about 20,000 bail pleas in such cases are pending either in the high court or in district courts.
Yogesh Chandra Verma, chairman of the coordination committee of the Associations of Advocates at Patna high court, said, “The impact of prohibition law has created manifold administrative problems. Corruption has increased and the judicial orders of Patna HC have exposed the rising trend of new organised crime in Bihar, including smuggling of liquor. Adolescents are used by the syndicates of smugglers, which has created further damage to the society as a whole and affected the functioning of state judiciary in particular.”
Meanwhile, on account of the rising writ petitions being filed at geometric progression for release of the vehicles and properties seized by excise authorities and for being proceeded for confiscation, a division bench of HC on July 2, 2021 directed the state government to commence and conclude all proceedings related to confiscation of goods and vehicles within 90 days from the date of appearance of the parties concerned and further to dispose the appeal or revision within 30 days.
Satya Darshi Sanjay, former additional solicitor general at Patna high court, said the mammoth number of cases related to violations of prohibition laws has clogged the judicial proceedings in the entire state.
“Undoubtedly the goal of this legislation is very pious as the societal benefits to families in general and women in particular cannot be questioned. Yet the rushed manner in which the law was implemented has led to creation of uncountable litigations,” Sanjay said.
