- (1.) Nandlal Sharma, who claims to be the Vice President of the Rajasthan Freedom Fighters Samiti and the President of Prohibition Samiti, Bassi, has filed all these four writ petitions, which are identical in facts as well as in the grounds raised and the prayer made. It is difficult to understand, why the petitioner has filed these four writ petitions as there is no difference between anyone of them.
(2.) According to the petitioner, Article 47 of the Constitution contains a mandate to the State to introduce prohibition by law. On 11th November, 1967, Rajasthan State introduced prohibition in a phased programme. On 13th March, 1979 the prohibition was introduced in Rajasthan with effect from 1st April, 1980 in three phases. From 1st April, 1979 seven districts were covered by it. On 2nd April, 1980 three more districts were included and three more districts were also included with effect from 2/10/79 According to the petitioner, from 12th August 1981 by an Ordinance, the State of Rajasthan has scrapped prohibition and this Ordinance has now become an Act. Now the prohibition has not only been scrapped but the State of Rajasthan is selling liquor openly and is encouraging sale of liquor. This is all against Articles 37 of the Constitution.
(3.) Articles 47 & 37 of the Constitution read as under: 37. The provisions contained in this part shall not be enforceable by any court, but the principles therein laid down are nevertheless fundamental in the governance of the Country and it shall be the duty of the State to apply these principles in making laws. 47. The State shall have regard to raising of the level of nutrition and the standard of living of its people and the improvement of public health as among its primary duties and, in particular, the State shall endeavour to bring about prohibition of the consumption except for medicine purposes of intoxicating drinks and of drugs which are injurious to health.;