A day after the Nitish Kumar government notified its new liquor law — Bihar Prohibition and Excise Act, 2016 — a retired professor on Monday filed a PIL in Patna High Court challenging several “stringent” provisions of the new law and seeking that the court strike it down. The petition by Rai Murari, filed through his counsel Amaresh Singh, has drawn a comparison between the Bihar law and the Nagaland excise law, from which Bihar has drawn several provisions. The petition has contended that while the Bihar Act grants the collector the power to confiscate property, the Nagaland law gives this power to courts. The petition also points out that while the Bihar law gives police the power to arrest without warrant, under the Nagaland law, police can arrest someone only if they have a warrant and the arrest cannot be made at odd hours. Murari, who taught Economics at Patna University, said: “The new Bihar liquor law is more stringent than the old law and gives unbridled powers to the police and excise department to harass people.” The petitioner’s counsel Singh told The Indian Express: “The main prayer in the petition is that the provisions under Chapter III (prohibition), VI (penalty) and VIII (power to enter and search premises) of the new Act be declared ultra vires as they are unconscionable, arbitrary, unbridled, unfettered, confiscatory and in violation of fundamental rights guaranteed under Article 14, 21 and 25 of the Constitution.” He said the matter is likely to be heard after the Durga Puja break. Bihar moves SC against HC The Bihar government Monday moved the Supreme Court against the Patna High Court order quashing a notification that banned consumption and sale of liquor in the state. The appeal was mentioned before Chief Justice T S Thakur, who said the case will be heard on Friday.
