Srinagar: A petition seeking a ban on the sale and consumption of liquor in Jammu and Kashmir was Wednesday filed in the High Court on Wednesday.
The Public Interest Litigation(PIL), filed by socio-religious organization Karwan-i-Islamis patron Maulana Ghulam Rasool Hami has alleged that the sale and consumption of liquor in Jammu and Kashmir has not only affected the health of the people but it has also given birth to waywardness, social evils and crime.
Liquor consumption and sale, incidentally, is not prohibited in Jammu and Kashmir which is a Muslim majority state. In Kashmir Valley, particularly in Srinagar city, liquor shops are located in and function from Sonawar and Boulevard road.
The petitioner through his counsel Advocate Mudasir Naqashbandhi has submitted that Article 38 of constitution of India imposes an obligation on the State. This obligation makes it incumbent on states to secure a social order for the promotion of welfare of people and same cannot be achieved without good public health and thus it is the duty and obligation of the government to take necessary steps to curb the menace of liquor which has far-reaching ill effects.
As per The constitution of Jammu and Kashmir which came into force on January 26, 1957, it has been provided under section 24 of the constitution that, it is Duty of the state to improve public health and the State shall make every effort to safeguard and promote the health of the people and thus this section further imposes obligation to state of Jammu and Kashmir to curb sale and consumption of liquor, which is responsible for deterioration of public health, the PIL reads.
The PIL further states that even states like Gujarat, Nagaland, Manipur, Kerala, Union territory of Lakshadweep have passed necessary laws for banning the sale and consumption of liquor while the state of Jammu and Kashmir has failed to take the necessary steps.
Advocate Mudasir Naqashbandhi told CNS that the PIL has been accepted by Court and it will be listed for hearing in the coming days.
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