Patna, Oct. 1: Sushil Kumar Modi today demanded chief minister Nitish Kumar to call an all-party meeting and a special session of the Assembly before implementation of the Bihar Prohibition and Excise Act, 2016, that comes into effect from Sunday.

Patna High Court yesterday quashed the Bihar Excise (Amendment) Act, 2016, which the Bihar government invoked in April to enforce prohibition. It called several of its provisions draconian and unjustifiable. Now, provisions in the amended act are also included in the new act to be implemented tomorrow with harsher punishment.

Citing the court's order, Modi said Nitish should bring an ordinance to make required changes in the new Act.

"Provisions which have been quashed by Patna High Court is now being implemented by the government with harsher punishment through a new act. The chief minister should not treat the issue as a matter of prestige and should call an all-party meeting, bring an ordinance or a special session of the Assembly to make the required changes," said the senior BJP leader at a news meet. He also suggested that the new act should not be implemented in a hurry without amendments in light of the high court's order.

Modi read out important observations in the judgment, including provisions on confiscation of property, arrests and penalty.

Modi said "draconian" which the BJP also used in connection with the prohibition act has been used a dozen times in the judgment. "We have been terming the prohibition act Talibani (dictatorial) and draconian since the beginning and the same word has been used by the court more than a dozen times," said Modi. "We are in support of prohibition but the provisions in the act are draconian. By bringing the new act, the government is putting itself in a ridiculous position."

Accompanied by Bihar BJP president Mangal Pandey, Modi said Nitish has become rigid about prohibition.

As this correspondent asked the leader to elaborate, he said: "In the past six months, Nitish Kumar has understood very well that prohibition cannot be imposed in Bihar so now the government wants to withdraw it. With the same intention Nitish is looking for an excuse so that he can tell the people that he tried his best but it was the court who did not allow. Seeing all this, the Nitish government wants to implement the new act which would be surely struck down by the court."

He claimed Nitish was taking decisions under the pressure of former excise and prohibition principal secretary K.K. Pathak. "Now Nitish should take his own decision because Pathak is not in the picture anymore," Modi stressed.