- (1.) Heard Shri Rakesh Pathak, learned counsel for the petitioner and Shri H.P. Srivastava, learned Addl. Chief Standing Counsel for the respondents.
(2.) This public interest litigation has been filed praying for a direction that the State should be restrained from permitting sale of liquor and its consumption to the citizens of this State which in effect amounts to a prohibition and consequently, if the State has failed to live up to the ideals of Article - 47 of the Directive Principles of State Policy then the Court should intervene and issue directions in the exercise of extraordinary jurisdiction under Article 226 of the Constitution of India. Learned counsel for the petitioner has made a two-fold submission. Firstly that prohibition should be made absolute, and secondly even otherwise the State having the power to regulate the sale and consumption of liquor, can introduce regulations in order to ensure that the health and safety of the citizens of this State are secured as has been opined by the Hon'ble Apex Court in its various pronouncements and which also is the dire social need in today's context. He also submits that prohibition has gained prominence and has been successfully implemented in other States of the country, and consequently, this drive of achieving a constitutional goal should be enforced by calling upon the State to introduce either prohibition or such regulations that may curtail the consumption of liquor, the outcome whereof has resulted in a spiralling of criminal activity as also moral degradation.
(3.) Learned Addl. Chief Standing Counsel submits that this Court in the exercise of jurisdiction under Article - 226 of the Constitution of India can proceed to adjudicate a lis arising out of violation of any fundamental rights but when it comes to enforcement of the policies that are enshrined under Chapter - IV of the Constitution of India then the same should be left to the hands of the government instead of framing any such policy or issuing any such direction in this regard under Article - 226 of the Constitution of India.;