Patna, Aug. 12: Former Bihar chief minister Jagannath Mishra today submitted a memorandum to governor Ram Nath Kovind, requesting him to invoke Article 200 of the Constitution and not give assent to the Bihar Prohibition and Excise Bill, 2016, on the ground that it was “cruel, curtailed personal liberty, and promoted hatred towards law and extortion by enforcement officials.”
The request comes close on the heels of RJD vice-president and former Union minister Raghuvansh Prasad Singh sharply criticising chief minister Nitish Kumar over his efforts to implement, what according to him were, draconian provisions to enforce prohibition in the state, and requesting the governor not to give his assent to the bill, which is awaiting his signature.
In his memorandum, Jagannath drew the governor’s attention to possible ill effects of the new bill. He said the new provisions violate the Indian Penal Code (IPC) and criminal jurisprudence by bringing in a new theory by which “people would be punished for crimes committed by others, thereby making criminals out of innocent families, communities and companies.”
Jagannath said: “You (governor) will agree that whenever personal liberty is curtailed, it leads to an increase in incidents of suppression and injustice. You are well versed with the Constitution, hence I request you to withhold assent to the bill under Article 200 of the Constitution in the interest of public interest or reserve it for Presidential assent.”
The former chief minister also pointed out that Article 201 of the Constitution provides that in such a situation the President will whether assent should or should not be given to such a bill.
Jagannath elaborated how under the proposed new law, all adult members of a family could be sent to jail if any one family member flouts prohibition, landlords could be punished if any tenant violates the liquor ban or enforcement agencies so much as find grapes, jaggery or sugar in a house. Besides, he pointed out, the district magistrate has been given powers used during British rule to punish entire villages in case of prohibition rule violations.
The former chief minister said that the Bihar government was indulging in such measures to make people forget development promises it had made.
He also expressed concern that the BJP-led central government could be desiring the passage of such a harsh law so that the Nitish-led government in Bihar spends its remaining four years in its implementation at the cost of other welfare works.
The JDU has issued a whip to all its MLAs directing them to vote in favour of the Bihar Prohibition and Excise Act, 2016, despite strong reservation expressed by several of its legislators. But after fines slapped on entire hamlets in Nalanda and Bhagalpur for repeated violation of the prohibition, deep resentments have surfaced in the party.
“Had the parties ( JDU and RJD) not issued whips, the bill would have been defeated in both Houses,” Raghuvansh had said on Thursday.
