Why not total prohibition, asks HC

Judge poses a series of questions at the hearing of two appeals

December 04, 2014 01:37 am | Updated April 07, 2016 02:33 am IST - CHENNAI:

The Madras High Court on Wednesday asked the Tamil Nadu government toexplain why it had not found a source of income alternative to liquor sales. Picture shows a scene outside a Tasmac shop in Tiruchi. File photo: Gnanavelmurugan

The Madras High Court on Wednesday asked the Tamil Nadu government toexplain why it had not found a source of income alternative to liquor sales. Picture shows a scene outside a Tasmac shop in Tiruchi. File photo: Gnanavelmurugan

The Madras High Court on Wednesday said liquor had ruined many families and asked why the Central and State governments had not considered enforcing total prohibition. It also asked the government to explain why it had not found a source of income alternative to liquor sales.

Justice N. Kirubakaran posed a series of questions to the governments at the hearing of two appeals relating to compensation in a case of accident. He pointed out that the main issue should be decided later. The facts of the case forced him go into the issue of drunken driving, which caused more accidents.

In 2011, B. Ramkumar and B. Arunkumar were killed when their motorcycle was hit by an MTC bus at the M.G. Road-Lattice Bridge Road junction at Adyar. Going by the post-mortem report, the Motor Accidents Claims Tribunal concluded that Ramkumar, riding the two-wheeler, was drunk. Not satisfied with the compensation awarded by the tribunal, the two families filed the appeals.

Mr. Justice Kirubakaran said drunken driving was the cause of the accident. “It is an endeavour of this court to find a solution to this vexatious problem and to save many lives and families from the evils of drinking.” The court could not mechanically decide on a matter based on facts, when it involved social issues.

Poor enforcement

He said Tamil Nadu topped in the number of road accidents because of the poor enforcement of rules. Liquor shops opened by the governments paved the way for drunken driving. In the Constitution, prohibition was included in one of the Directive Principles of State Policy: Article 47. Therefore, it was the government’s duty to eradicate the evils of drinking through total prohibition.

The judge ordered that the Central and State governments be impleaded in the appeals. He also asked the government to answer why drunken driving should not be made a non-bailable offence.

The court scheduled further hearing for December 11.

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