https://youtu.be/3UChpowdcWU?si=ej21gsX_fU-JTLzZ[21/08, 18:57] sekarreporter1: IN THE HIGH COURT OF JUDICATURE AT MADRAS(Special Original Jurisdiction)W.P No. 18323 of 2024A.MOHAN DOSS,Anand Block, 1st Floor, No.102,Chithra Avenue,No.9, Choolaimedu High Road,Chennai – 600 094,… Petitioner-Vs-

[21/08, 18:57] sekarreporter1: https://youtu.be/3UChpowdcWU?si=ej21gsX_fU-JTLzZ
[21/08, 18:57] sekarreporter1: IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)
W.P No. 18323 of 2024
A.MOHAN DOSS,
Anand Block, 1st Floor, No.102,
Chithra Avenue,
No.9, Choolaimedu High Road,
Chennai – 600 094,
… Petitioner
-Vs-

1. The State of Tamil Nadu,
   Represented by the Chief Secretary,
   Fort St George,
   Chennai – 600 S009.
2. The Principal Secretary to Government,
   Home, Prohibition and Excise Department,
   Government of Tamil Nadu,
   Fort St George,
   Chennai – 600 009.
3. The Principal Secretary to Government,
   Department of Health and Family Welfare,
   Government of Tamil Nadu,
   Fort St George,
   Chennai – 600 009.
4. The Director General of Police,
   Dr. Radhakrishnan Salai,
   Mylapore,
   Chennai – 600 004.
5. The Additional Director General of Police,
   Prohibition Enforcement Wing,
   DGP Office Complex, New Building Annex B,
   Kamaraj Salai, Mylapore,
   Chennai – 600 004.
6. The District Collector,
   Kallakurichi District,
   Kesavalu Nagar, V.O.C.Nagar,
   Kallakurichi – 606 202.
7. The Superintendent of Police,
   Kallakurichi District,
   Kalaivani Nagar,
   Kottaimedu,
   Kallakurichi – 606 202.
8. The Director,
   Central Bureau Of Investigation,
   Plot No. 5-B, 6th Floor, CGO Complex,
   Lodhi Road, New Delhi – 110 003.
9. The Joint Director and Head of Zone,
   Central Bureau Of Investigation,
   III Floor, E.V.K., Sampath Building,
   College Road,
   Chennai – 600 006.
10. The Deputy Superintendent of Police,
    CB-CID, Kallakurichi District – 606 202.
    … Respondents

WRITTEN ARGUMENT FILED BY THE PETITIONER

The Petitioner has filed the above the public interest litigation under article 226 of constitution of India for seeking Hon’ble High Court may be pleased to issue a Writ or Order or Direction in the nature of WRIT OF MANDAMUS directing the 10th respondent to transfer and handover the investigation instituted in Kallakurichi hooch tragedy to the 8th and 9th respondents, the Central Bureau of Investigation.
WRITTEN ARGUMENT

1. In the above case, the respondents side filed detailed Common Status
   Report. In this circumstances the petitioner side filed written Argument. The petitioner humbly submit that the first respondent has conveniently chosen not to reply about the bootleggers and their nexus with external “supporters” – the nexus role of the various personnel right from check posts, brewing places, transport points and selling points including support of local police, local VAOs and local politicians for the reasons best known to the respondent. Further, no concrete action flow chart or comprehensive permanent action policy plan was detailed in order to identify and to exclude the strength of association between the offenders and notorious gang and local officials, middlemen and political supporters. No doubt, these vital information are the corner stone for abolition of illicit liquor menace is purposely suppressed and undermined in said the Status Report.
2. The petitioner submitted on 19.06.2024 a shocking new came in
   media stating that due to consumption of illicit arrack (methanol mixed illicit country liquor) over twenty people from kallakuruchi district in the northern part of Tamil Nadu were hospitalised and at least five persons died. It is pertinent to state that 65 persons have died (including 5 women) and more than 150 people are hospitalized till date.
3. The petitioner submit that the local police registered a case and
   arrested one prime suspect Mr. K.Kannukuti, who is suspected to have manufactured illicit arrack and sold the said arrack to the people whom on consuming the same lost their life. The case was registered by the local police and subsequently the investigation was transferred to CB-CID.
4. The petitioner submit that even after knowing that mixing of
   methanol will claim the lives of those who consume, the above said Kannukutti with the involvement of many police officials and many DMK functionaries including local MLA, M.P., Minister and Local body officials intentionally sold methanol mixed illicit arrack in the locality where SC/ST people; others belonging to the same community has been hospitalised. It is necessary to state that among the affected people SC (Paraiyar) and ST (Kattunayakan) were in majority and they belong to manual labour class. Apart from death causality, many have lost their eyes, have become deaf and their internal organs have failed to function. It is pertinent to state that even young children have been affected by the above-mentioned man-made tragedy, wherein one child studying 6th Class (12 years of age) has also been hospitalized.
5. The Petitioner submit that it is necessary to note that out of the
   casualties that occurred from the above said incident, 90% belong to SC and ST communities and this gives the incident a different colour. In spite there clearly being an atrocious and tragic act/incident being committed SC/ST community, the police did invoke the provisions of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. This is nothing but clear-cut case of colourable exercise of power by the police officials.
6. The Petitioner submit that, the 1st respondent has admittedly said in
   para 6, that at the time of registration of FIR no offense was found to have been committed by a member of non- SC against any member of SC and hence the question of invoking the provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, did not arise is baseless and misleading report for the simple reason that the petitioner’s averment in para 31, clearly stated that 90% of the victims belong to SC/ST communities where as in the respondents did admit that out of 67 deceased 40 death were belong to SC and ST’s which amounts to 60% – majority SC and ST communities, and thus, confirms the allegations of the petitioner is true facts.
7. The Petitioner submits that the sale of illicit arrack is an offence as
   per the Tamil Nadu Prohibition Act 1937, in spite of which the accused person with the help of government official as well as the local politician have involved themselves in doing the business of selling illicit arrack and due to which we are witnessing such a tragic incident in the State of Tamil Nadu. The Petitioner further submit that the history of prohibiting the arrack has been stated below.
8. The Petitioner submit that it was in Salem district of Tamil Nadu in
   1937 that the Congress government of C. Rajagopalachari imposed prohibition, a first in the country. It was extended across the state in 1948 immediately after Independence. This prohibition in Tamil Nadu continued with Kamaraj at the helm of affairs in the state.
9. The petitioner submit that the said action plan is either may be taken
   into consideration by the present government or modify it or may be enriched it in a more advanced and better manner so as to benefit the public at large but the present government wilfully failed to do so even after the grave magnitude of human disaster.
10. The petitioner humbly submit that in nutshell, in a bid to “streamline
    Policing with Public Participation,” he had formed illicit a liquor prevention committee comprising officials, politicians and common public including women and succeeded in the petitioner attempt with social vision. It is a felt need for the society that such primary reformation- activities as explained above or something better than the above and needs to be at least examined by the respondent instead of giving a cover reply which is nothing but applying salt over the wounds of the affected public.
11. The petitioner humbly submit that If there is “political will and
    determination” from the rulers and “administrative skill with responsibility” studded with empathy from authorities, any sort of social- reformation move and actions are certainly possible but how?… when?… by whom?… is the question still remain unanswered.
12. The petitioner humbly submit that the then District Collector Shri.
    Shravan Kumar who was the Collector at that point of the hooch tragedy had said through TV – Puthiyathalaimurai News Channel that public should not spread false news and the man who died was a teetotaller and the death due to illicit liquor was not yet confirmed either by police or by doctors. The Collector further said that death occurred due to diarrhoea, fits and other problems, and believing the Collector’s statement local people seem to have started consuming illicit liquor, as result, the death toll has steadily increased. It is worth mentioning at this juncture that district collector is the custodian of the public in that district and it is his responsibility to ensure public health, public safety, peace and harmony of the society in the district. The Collector is the chairman and head of the district committee for prohibition propaganda on illicit liquor menace. When such being his role and responsibility, the said Collector appeared to have wilfully erred and acted inhumanly due to some political compulsion and, for which without any second thought, he should have been punished for his wilful commission and omission but to every one’s shock and surprise, he was simply transferred to other place only for the reasons best known to the respondent.
13. The petitioner submit that Govt of Tamil Nadu Prohibition and Excise
    Department Policy Note 2022-2023 presented in the floor of the Legislative Assembly in para 3.9 it is admitted that during the last 14 years, there is no Hooch tragedy in the State due to zero tolerance policy towards blending units. Intensive ID arrack raids are conducted from time to time in few districts wherein distillation of ID arrack was reported. The said policy note states that Methanol which was the main reason for causing Hooch tragedies in 2002 was brought within the ambit of the Tamil Nadu Prohibition Act, 1937. Suitable amendments were also made in the Tamil Nadu Denatured Spirit, Methyl Alcohol and Varnish (French Polish) Rules, 1959 to maintain strict control over possession, use, transportation, import, sales etc., of methanol. The said policy note in para 3.10 it is mentioned that the District Superintendents of Police have also been instructed to check all Methanol manufacturing units, end-users, factories, industries that have license to possess methanol 25 in the State. Their monthly reports are closely analyzed at the Enforcement Headquarters. Despite the above, no permanent solution taken from the State as of now is very much distressing and disgusting as well.
14. The petitioner humbly submit that the petitioner relied on the
    observation of The Orissa High Court in Lakshmi Charan Patra -vs- State of Orissa on 27 March, 2012, which read as follows:
    i. 23. Needless to say that if the objections raised by the people’s representatives are not accepted, the very system of Local Self Governance enshrined in the Constitution will be an illusion.

ii. 25. It is common knowledge that on functioning of liquor shop in rural and slum areas, a substantial portion of earning of inhabitants of that area goes towards consumption of liquor which adversely affects the health and financial condition of such inhabitants and ruins their family life. Therefore, where the inhabitants and the people representatives oppose to the opening of liquor shop in the concerned areas, the Govt must refrain from opening liquor shops in that area for any other consideration.

15. The petitioner humbly further submit that it is prudent to mention
    that the Hon’ble High Court in its order dated 21.06.2024 had called for a response from the respondent on the complaint preferred by the sitting local MLA to the authorities pertaining the rampant sale of illicit liquor in Kallakurichi. The petitioner further submit that whether it is sitting MLA or former MLA or any other people’s representative or even the public making such complaint in public interest to the authorities, it is the paramount duty of the concerned authorities to give due importance and do pay timely attention to such public complaints without any delay but in vain in this instant incident.
16. The petitioner submitted that the respondents has admitted in para
    8, that stringent actions were taken against the illicit liquor offenders and erred officials but to everyone’s dismay and disquiet, the respondents has conveniently chosen not to reply to and to deny the nexus role of the various personnel right from check posts, brewing places, transport points and selling points including support of local VAO’s and local politicians for the reasons best known to the respondent and further, no concrete action flow chart or permanent action policy plan was detailed in the said status report and the respondent did not mention the government effort to exclude the strength of association between the offenders and officials, middlemen and supporters and furnishing such vital information are the corner stone in the task of prevention and abolition of illicit liquor menace, however, it has purposely been suppressed and undermined in said the Status Report.
17. The petitioner further submitted that the respondent in para Nos. 6
    to 9 & 10 has narrated various measures taken by the government aftermath of the Kallakurichi hooch tragedy and further, the Govt has also allotted 9 crores and 20 lakhs rupees every year under various heads of account as 2023-2024 Budget allocation as illustrated in the policy note – Demand No.37- Prohibition and Excise Department, with cash rewards, incentives, grants and free welfare schemes etc, benefitting prohibition enforcement wing, police officials, victims, informers and rehabilitation of offenders every year. When this being so, why the magnitude of hooch tragedy incidents keep increasing for the past two years with alarming public unrest, public apprehension, public criticism and acrimony and more so, public outcry on huge human loss. Further, albeit, pinning criticism from press and media on the frequency and severity of illicit liquor menace and lastly, total displacement and disturbance of public health, peace and harmony in this instant case is heart breaking, there is no positive and productive progress report card on comprehensive action taken details are arrayed and more importantly, the government’s stand is not spelt out in sequence in the said Common Status Report.
18. The petitioner further submitted that various Press and Media
    reports have underscored one common finding that all that the local public in weeping in chorus say that unless and otherwise the government take a bold comprehensive plan of actions against those who are encouraging and rendering support for the bootleggers to flourish the sale of illicit arrack, there is “no end” for the menace of illicit liquor and deaths in the society.
19. The petitioner submitted that the respondent in para 12, has stated
    that it is the intention behind prohibition is often to improve public health and reduce social issues related to alcohol consumption, the unintended consequence is the rise of a black market for liquor, leading health hazards. If it is so, then why, the State has faced 2023 hooch tragedy wherein 22 innocent people died, subsequently 02 people died due to consumption of cyanide adulterated liquor sold from TASMAC outlet and the present Kallakurichi hooch tragedy with 67 people lost their lives total 91 deaths besides severe systemic permanent injuries like total blindness, and it is same question and queries raised by general public, the press and media and more importantly, this Hon’ble Court, which cannot just like that be brushed aside.
20. The petitioner submitted that it is one of the top priorities of the
    elected government that every now and then to formulate necessary policy, enact suitable act and positive productive plan to protect the people from the evil clutches of drug and alcohol menace. It is submitted that the state government ought to have taken stringent action on the antisocial elements like bootleggers, drug offenders, forest offenders and goondas who poses a grave threat to the public order and health and nutrition and standard of living in the state particularly in rural areas like Kalvarayan hills and its surrounding including Kallakurichi area by exercising Article 47 of the Constitution is extracted hereunder: “47. Duty of the state to raise the level of nutrition and the standard of living and to improve public health; – The state shall regard the raising of the level of nutrition and standard of living of its people and the improvement of public health as among it is primary duties and, in particular, the state shall endeavor to bring about prohibition of consumption except for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.” This should have been properly exercised by state but in vain.
21. The petitioner submitted that it is the paramount responsibility of
    the elected government to ensure public health and social harmony of the public in order to have sustainable growth in the socio-economic conditions of the people on one side and industrial growth of the state towards positive productivity on the other side, and further, it is the duty of the policy makers assisted by bureaucrats to define and develop policies and plan in a such a way to maintain a balance between positive public health with social harmony and positive economy, a token of good governance to the people. The petitioner submitted further that in order to attain the above, it is highly important to bring in public participation., eminent persons and educated youths in Volunteers Service Scheme on prohibition propaganda on wider spectrum with pragmatic approach as positive measures to promote awareness and people’s education on the evil effects of illicit alcohol at district level, Block level, Municipal limit level, township and village level to encourage public participation as well to propagate the evils of illicit liquor drinking among the public, which are very much missing in the said Status Report.
22. The petitioner submitted that to put in nutshell, the public demand
    And expectations for a comprehensive long-lasting solution for the hooch tragedy and for its non-occurrence in future elaborated at supra, and, if the government want to fetch appreciable and desired result and outcome, the elected government should have “Political will” and bureaucrats should pose “Administrative Skill” studded with public empathy. It is submitted that to substantiate the above, the petitioner further relied on the observation of the Hon’ble Supreme Court in Ashok Lenka vs, Rishi Dikkshit & Co., AIR 2006 SC 2382 held that “the State in making the rules and formulating the policy decisions must be guided by public interest. In such matters, the State has positive obligation to ensure that any activity contemplated, strictly conforms to the requirements of public good and is not otherwise derogative of public health.”
23. The petitioner submitted that the above task is very much possible
    by the State with the active support, cooperation and coordination of local public., local police., forest officials., revenue officials., local politicians of all political parties, more so, active involvement of housewives and ladies and youth students by virtue of constant awareness meeting, daring field inspection by the field officers besides, imparting education of detrimental effect of illicit arrack and consumption on human lives. However, it is very much paining to note that no such positive measures are ever contemplated by the government even after the 2023 and 2024 hooch tragedies remain unanswered and such measures are not seen anywhere in the said Status report given by the respondent but remain aloof, it appears.
    24. The petitioner submitted that several serious lapses and lacunae
        on the Govt’s stand and firmness on CB-CID enquiry aftermath of one such CB-CID investigation in 2023 did not yield any positive and airtight prevention steps taken by the 2023 CB-CID investigation, the repetition of the same in this 2024 hooch tragedy CB-CID investigation, which will be a prejudged one from the public perspective and perception. The petitioner submitted that the averments in para 13 to 19 of the said Status report by the respondents in W.P.No.18323 of 2024, W.P. No. 19281 of 2024 and in W.P.No.19079 of 2024 explained the remedial measures and relief measures taken by the government to the affected families are nothing but an emergency medical remedial measures and disaster management measures and relief measures, however, while welcoming the above, what seem to be obviously lacking is that the State has miserably failed to draw what is permanently needed is a “comprehensive policy and action plan” with or without reference to the erstwhile proven action plan as detailed at supra, necessitates an impartial investigations by CBI and to invoke the provisions of Scheduled Castes and Scheduled Tribes (Prevention Of Atrocities) Act,1989 to meet the ends of justice in this instant case. It is submitted further that although the local police registered a case and arrested few culprits, it was subsequently transferred to CB-CID, the 10th respondent herein by the state in an attempt to quench the hue and cry of the local public and to diffuse the acrimony of the general public and the Media and Press criticism on the same line as it was done in Chengalpet and Villupuram hooch tragedy 2023 case wherein nearly 22 human losses.
24. The petitioner further submitted that nevertheless, unmindful of the above, almost 65 people lost their life in Kallakurichi hooch tragedy on 17.6.2024 and many permanent bodily deformities, and, on seeing the above pathetic situation prevailing and the Hon’ble Courts are last resort for the affected people and hence, the petitioner has filed this present petition in the nature of Public Interest Litigation petition with prayer for independent CBI investigation.

For the reasons stated above, it is therefore humbly prayed that this Hon’ble High Court may be pleased to issue a Writ or Order or Direction in the nature of WRIT OF MANDAMUS directing the 1st and 10th Respondents to Transfer and handover the Investigation to the 8th and 9th respondents the Central Bureau of Investigation and further direct them to investigate the case under the provisions of SC/ST Act, award an adequate compensation to the victim family and pass such further or other orders as this Hon’ble Court may deem fit and proper to pass in the facts and circumstance of this and thus render justice.

DATED AT CHENNAI ON THIS THE 21ST DAY OF AUGUST 2024.

                                                             COUNSELS FOR PETITIONER