In a setback to the Bihar government, the Supreme Court on 12 January 2022 dismissed several petitions filed against the bail granted under the Prohibition Act. Hearing the bail applications, Chief Justice NV Ramana said that this law of Bihar has put a lot of burden on the courts. Petitions are filed every day under the Prohibition of Alcohol Act, 2016. There is a provision of imprisonment of 10 years under this law.
During the hearing, the Chief Justice said, “Many such petitions come to the Patna High Court every day and it is taking up to a year to list them there. We have been told that 10-15 judges in Patna High Court are hearing such petitions daily.
Have already criticized the prohibition law
The Chief Justice had mentioned this law of Bihar in an earlier program as well. It was said that the governments make laws without studying the effect of the law, which increases the burden on the courts.
Bihar government had appealed to cancel the bail
Bihar government’s lawyer Manish Kumar said that the High Court is mechanically granting bail in such cases, which defeats the very purpose of the law, they should be quashed. On this, the court said that then these bails should not be given. Because you have made the Excise Act, in which the punishment of 10 years or life imprisonment is for the arrest of liquor.
The court asked what is the punishment for murder. The lawyer said that life imprisonment or death sentence. If the court asked, then bails are not available in it? Saying this, the court refused to entertain the petitions for cancellation of bail.
*Dr. Deepak Miglani, Email Id.:- [email protected]