HC mulls over possibility of prosecuting State in every alcohol-related crime
CHENNAI, MARCH 28, 2019 00:00 IST
TASMAC had reported a turnover of Rs. 31,757 crore.File photo
Calls for views from the Bar on pressing the charge of abetment against the government
Observing that “government cannot wash its hands of the adverse effects of its policy to sell liquor to its own people,” the Madras High Court on Wednesday decided to examine the legal possibility of prosecuting the State on the charge of abetment in every offence committed by individuals under the influence of alcohol.
Justice N. Anand Venkatesh took the decision after expressing his anguish over the increasing number of offences committed under the influence of alcohol. “This court wants to make the government also responsible for each and every such offence,” he said and solicited the views of members of all Bar Associations on April 4.
It was while allowing an anticipatory bail petition filed by two individuals who were accused of abetting a person to commit suicide when he was in an inebriated mood that the judge said: “Every other day, this court, with pain, encounters various offences committed by accused persons under the influence of alcohol.
“This court can take judicial notice of the increasing number of motor accidents due to drunken driving, murders, sexual abuse and child abuse committed under the influence of alcohol. In some cases, the fathers themselves misbehave with their daughters. These incidents are bound to go up in the graph unless the government changes its policy.”
It was settled law that courts could not interfere with policy decisions of the State. Nevertheless, asserting that courts could also not be a mute spectator to such increase in crimes and continue to watch them with dismay, Justice Venkatesh said, he would want to embark upon an exercise that could make the State accountable for its decisions.
Referring to the definition of abetment under Section 107 of Code of Criminal Procedure, the judge said: “The traditional outlook of the offence may not encompass within itself the issue now attempted to be addressed. However, the law has to evolve and it can never remain static and become stale. Law has to be dynamic and it must be elastic enough to meet the need of the hour.”
He decided to give an opportunity to the State also to make its submissions before he could pass final orders on the issue but noted with pain that Tamil Nadu State Marketing Corporation, a State owned undertaking through which the government had monopolised sale of liquor across the State, had reported a turnover of Rs. 31,757 crore.
“Unfortunately, the income earned through sale of liquor to the general public is the major contributor to the economy of this State. One fifth of the revenue of the Government of Tamil Nadu is generated by selling liquor to its own people. The National Family Health Services indicate that close to half of the male population (47%) in Tamil Nadu consume liquor.
“This sorry state of affairs is already a subject matter of challenge before a Division Bench of this court and the Bench is seized of this matter. Therefore, this court does not want to get deeper into this issue,” the judge said and decided to take a call next week on subjecting the State to criminal prosecution so that the victims could get some compensation.
CHENNAI, MARCH 28, 2019 00:00 IST
TASMAC had reported a turnover of Rs. 31,757 crore.File photo
Calls for views from the Bar on pressing the charge of abetment against the government
Observing that “government cannot wash its hands of the adverse effects of its policy to sell liquor to its own people,” the Madras High Court on Wednesday decided to examine the legal possibility of prosecuting the State on the charge of abetment in every offence committed by individuals under the influence of alcohol.
Justice N. Anand Venkatesh took the decision after expressing his anguish over the increasing number of offences committed under the influence of alcohol. “This court wants to make the government also responsible for each and every such offence,” he said and solicited the views of members of all Bar Associations on April 4.
It was while allowing an anticipatory bail petition filed by two individuals who were accused of abetting a person to commit suicide when he was in an inebriated mood that the judge said: “Every other day, this court, with pain, encounters various offences committed by accused persons under the influence of alcohol.
“This court can take judicial notice of the increasing number of motor accidents due to drunken driving, murders, sexual abuse and child abuse committed under the influence of alcohol. In some cases, the fathers themselves misbehave with their daughters. These incidents are bound to go up in the graph unless the government changes its policy.”
It was settled law that courts could not interfere with policy decisions of the State. Nevertheless, asserting that courts could also not be a mute spectator to such increase in crimes and continue to watch them with dismay, Justice Venkatesh said, he would want to embark upon an exercise that could make the State accountable for its decisions.
Referring to the definition of abetment under Section 107 of Code of Criminal Procedure, the judge said: “The traditional outlook of the offence may not encompass within itself the issue now attempted to be addressed. However, the law has to evolve and it can never remain static and become stale. Law has to be dynamic and it must be elastic enough to meet the need of the hour.”
He decided to give an opportunity to the State also to make its submissions before he could pass final orders on the issue but noted with pain that Tamil Nadu State Marketing Corporation, a State owned undertaking through which the government had monopolised sale of liquor across the State, had reported a turnover of Rs. 31,757 crore.
“Unfortunately, the income earned through sale of liquor to the general public is the major contributor to the economy of this State. One fifth of the revenue of the Government of Tamil Nadu is generated by selling liquor to its own people. The National Family Health Services indicate that close to half of the male population (47%) in Tamil Nadu consume liquor.
“This sorry state of affairs is already a subject matter of challenge before a Division Bench of this court and the Bench is seized of this matter. Therefore, this court does not want to get deeper into this issue,” the judge said and decided to take a call next week on subjecting the State to criminal prosecution so that the victims could get some compensation.
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