MARGAO: Even as banning the sale of alcohol along the highways was under consideration since 2004 and respective state governments were advised about the same since 2007, there are serious doubts about the outcome of the proposed revision petition by the governments before the Supreme Court.
The Supreme Court had pronounced its judgment banning alcohol vends along the National and State Highways on December 15, 2016 when the code of conduct did not come in force in Goa and when the State government was well within its rights to act on the matter.
However, it is not only the BJP government that was caught napping but its predecessor, the Congress government too did not pay attention to this matter that has been brewing since 2004 when the National Road Safety Council of the Ministry of Road Transport and Highways (MoRTH) at its meeting on January 15, 2004 decided that “no licences should be given to liquor shops along national highways”.
MoRTH in a circular issued to all State governments on October 26, 2007 advised them to remove all liquor shops along the national highways and not to issue any fresh licences and since then regular advisories were sent to the Chief Secretaries of all States and Union Territories.
An advisory, dated December 1, 2011, noted that India had recorded the highest number of road accident fatalities in the world with an accident occurring practically every four minutes. Therefore, it was advised that State governments should remove all liquor shops along national highways, not to issue any fresh licences, review licences already issued and strictly enforce Section 185 of the Motor Vehicles Act which was indicative of the Parliament’s intent to follow zero-tolerance towards driving under influence of alcohol.
Vide another advisory issued on March 18, 2013, the chief secretaries were asked to remove liquor vends and not to issue any new licences on grounds that “prevention is better than cure”. Besides, yet another advisory was issued on May 21, 2014.
The three-member bench of the Supreme Court that passed the order noted that “easy access to liquor shops allows for drivers of vehicles to partake in alcohol in callous disregard to their own safety and the safety of others,”
The judges found no rationale in exempting municipal council or municipal corporations or areas having a population of more than 20,000 from national highways purview as envisaged in the 10 year old “Model policy/taxation/act/rules of alcoholic beverages and alcohol.”
Considering the fact that the ban was being considered for the last 10 years, State Chief Secretaries were advised on the matter since 2007, a three-member bench of the Supreme Court pronounced the judgment on appeals against orders of two High Courts, the grounds on which the judgment is passed; the wisdom of filing a revision petition is questionable.
