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-
- The State of Tamil Nadu,
Represented by the Chief Secretary, Fort St George, Chennai – 600 S009. - The Principal Secretary to Government, Home, Prohibition and Excise Department,
Government of Tamil Nadu, Fort St George, Chennai – 600 009. - The Principal Secretary to Government, Department of Health and Family Welfare,
Government of Tamil Nadu, Fort St George, Chennai – 600 009. - The Director General of Police,
Dr. Radhakrishnan Salai,
Mylapore,
Chennai – 600 004. - The Additional Director General of Police,
Prohibition Enforcement Wing,
DGP Office Complex, New Building Annex B, Kamaraj Salai, Mylapore, Chennai – 600 004. - The District Collector,
Kallakurichi District,
Kesavalu Nagar, V.O.C.Nagar, Kallakurichi – 606 202. - The Superintendent of Police,
Kallakurichi District,
Kalaivani Nagar,
Kottaimedu,
Kallakurichi – 606 202. - The Director,
Central Bureau Of Investigation,
Plot No. 5-B, 6th Floor, CGO Complex, Lodhi Road, New Delhi – 110 003. - The Joint Director and Head of Zone,
Central Bureau Of Investigation,
III Floor, E.V.K., Sampath Building, College Road, Chennai – 600 006. - The Deputy Superintendent of Police,
CB-CID, Kallakurichi District – 606 202.
… Respondents
REPLY STATEMENT 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.
REPLY STATEMENT
- In the above case, the respondents side filed detailed Common Status Report. In this circumstance the petitioner side filed their reply statement. The petitioner submits that, he has such filing the para wise reply statement to Common Status Report filed by the 1st respondent in W.P. No. 18323 of 2024 before this Hon’ble Court in support of the public interest litigation petition. The petitioner submitted that the 1st respondent admitted in para 3 of the Common Status Report, it is true that the petitioner in W.P. No. 18323 of 2024 has prayed that this Hon’ble 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. The Petitioner submitted that since the 1st respondent admitted in para 4 and 5 that the Common Status Report already been filed may please be considered as part and parcel of the one status report submitted in W.P. 19281 of 2024 and it is met out accordingly.
- The petitioner submitted 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.
- The petitioner submitted that the respondent, in para 7, that there is no evidence to establish that non-SC members have committed this offence knowingly that the victims belong to SC/ST. The petitioner submitted that nowhere in the affidavit of the petitioner it was stated so, and the admitted averment in the said status report is nothing but misleading tactics woven with a cooked up stories, oblivious to the human disaster and public outcry.
- 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.
- 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.
- The petitioner submitted that ironically the State has pool of thinktankers, experts, scientific knowledge and technical knowhow to formulate and execute innovative permanent illicit liquor prevention plan and its impending need is, no doubt, very well analysed and understood by the government and had the same been shown in reality, it would be a phenomenal event but also a monumental achievement of the government and which would fetch good appreciation to the elected government but to every one’s shock and sigh, the said Status report devoid of what is actually required by the public.
- The petitioner submitted that the 1st respondent stated in para 9 to 11, that the State has registered several FIRs and several actions under relevant sections have been taken and arrested on many illicit liquor offenders and also, the Government has notified on 11.07.2024, Act 35 of 2024 amending further the Tamil Nadu Prohibition Act, 1937 wherein provisions have been made for stringent punishment including life imprisonment of bootleggers in case of fatalities following the consumption of spurious liquor, which has come into force with effect from 12.07.2024. The petitioner submitted that while appreciating the above, those actions are only “department actions” and “government relief measures” but what is essentially need on this crucial hour is “comprehensive permanent policy and action plan” to curb illicit liquor menace in toto without any trace in the state. The petitioner further submitted that all those said efforts mentioned in the said status report are focused only on punishments for bootleggers, whereas, it has deliberately failed to, rather disinclined to take stringent actions or failed to enact any stringent Act to deal firmly with erring prohibition law enforcing officials in nexus with illicit liquor barren including PEW police, local police, local VAOs, other local revenue officials, officials manning check posts and local politicians and their external forces in collusion with such illicit liquor offenders. The petitioner submitted that while on casual analysis of the gravity of 2023 hooch tragedy and that of 2024 hooch tragedy within a span of two years, it goes beyond doubt that until and unless the strength of association between the illicit offenders and local officials including local politicians irrespective of their affiliations are ruled out, rather severed out, whatever penal actions being taken by the government will be a futile exercise with grim look.
- 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.
- 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.
- 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.
- 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.
- 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.”
- 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.
- 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. The petitioner further submitted that nevertheless, unmindful of the above, 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.
DATED AT CHENNAI ON THIS THE 6TH DAY OF AUGUST 2024.
COUNSELS FOR PETITIONER