HC asks ‘lethargic’ govt: How will you enforce laws to avert hooch tragedies?
Expressing dissatisfaction over the ‘lethargic’ approach of the Maharashtra government in implementing laws for averting hooch tragedies, the Bombay High Court on Thursday directed the state to file a detailed affidavit. The HC wants to know how the government proposes to implement the laws pertaining to the regulation of sale and purchase of methanol – a toxic alcohol, which is harmful for human consumption.
A division bench of Justices Ranjit More and Anuja Prabhudesai said, “The government amended the Maharashtra Poison Rules way back in 2011 and by way of this modification, methanol was brought under the Poison Rules and it was categorised under the dangerous articles.”
“Methanol is surely one of the biggest reasons for hooch tragedies,” the bench noted, adding, “We are now in 2018 and there is nothing on record to show as to how the government has implemented the amendments for regulation of sale and purchase of methanol. We fail to understand why the law has not been enforced yet.”
The observation was made while hearing a Public Interest Litigation (PIL) filed by the NGO Janhit Manch after the Vikhroli Satrashtra hooch tragedy of 2004, which claimed the lives of nearly 100 men in the area. The PIL alleged that several police officers
and excise department officials allowed the use of methanol to produce liquor which was consumed by local residents.
The PIL sought implementation of the suggestions put forth by the P R Parthasarthy Committee in 1995. The Committee under the then Maharashtra DGP Parthasarthy was set up after the infamous Chhaya Bar tragedy of 1991, wherein 93 people had lost their lives and one one man had lost his sight.
Pursuant to the suggestions, the government had amended the laws making mandatory the display of a danger sign (skull and crossbones) and a ‘warning’ on the containers of methanol. A further amendment was made, that of including additives in methanol to differentiate it from
ethanol, which is drinking alcohol.
When the matter was called up for hearing on Thursday, the bench was informed that the government has not implemented the amendments.
Instead, Additional Government Pleader (AGP) GW Mattos cited an order of the HC passed in another matter filed by the Rashtriya Chemical Fertilisers (RCF) challenging the amendments. He said, “We were directed not to take coercive action against anyone in possession of methanol.”
Having heard the submissions advanced, the judges asked the government to file an affidavit spelling out how it proposes to enforce the laws. The judges have also sought a report stating the action taken against errant cops and excise officials.