CUTTACK: Unhappy with the state dragging its feet in filing an affidavit in reply to a PIL seeking enforcement of the Orissa Prohibition Act, 1956, the Orissa high court has directed the government to file its response by November 1 or shell out Rs 10,000.
The PIL was filed in 2013 by lawyer Arun Kumar Budhia. When the petition was apparently taken up for the first time on April 5 this year, the government responded by suggesting that steps have been taken to control the manufacture and sale of illicit liquor.
When it was argued that the petition is not only about manufacture and sale of illicit liquor, but all forms of liquor, which stand prohibited under the Orissa Prohibition Act, the state counsel stated that he will take instructions.
On his request the court posted the matter to June 22. But when the petition came up on that day, the counsel sought more time to file an affidavit. Allowing it, the court posted the matter to September 15 with a direction to the government to file the affidavit positively. But when the matter came up on Wednesday the court found the state was yet to file an affidavit pursuant to the June 22 order.
The bench of Chief Justice S Muralidhar and Justice B P Routray said, “It is made clear that if the affidavit is not filed on or before November 1, cost of Rs 10,000 will be paid by the state to the High Court Advocates’ Welfare Fund and proof of the payment of such costs shall be placed on record. If the affidavit is not filed even before the next date (November 16), then the principal secretary to Government of Odisha, excise department shall remain present in virtual mode on that day.”
The assembly had passed the Orissa Prohibition Act, 1956, with the intention to introduce and extend prohibition on manufacture, sale and consumption of liquor and drugs in the state.
