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This is an archive article published on December 18, 2022

Saran hooch case: Sushil Modi cites liquor law provision to demand compensation for victims’ families

'Nitish not in control of things, should hand over reigns to Tejashwi'

Former Bihar deputy chief minister and BJP MP Sushil Kumar Modi addresses a press conference regarding the recent hooch tragedy in Saran district, in Patna, Sunday, Dec. 18, 2022. (PTI Photo)Former Bihar deputy chief minister and BJP MP Sushil Kumar Modi addresses a press conference regarding the recent hooch tragedy in Saran district, in Patna, Sunday, Dec. 18, 2022. (PTI Photo)
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Saran hooch case: Sushil Modi cites liquor law provision to demand compensation for victims’ families
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BJP Rajya Sabha MP and former deputy chief minister Sushil Kumar Modi on Sunday demanded compensation for families of those who died after consuming spurious liquor in Saran last week, citing provisions of the Bihar Prohibition and Excise Act, 2016. He said the Act gives district magistrates power to order compensation in such matters.

Modi cited a previous instance, saying the Gopalganj administration had ordered compensation for victims’ families in a August 2016 hooch case.

The Indian Express has learnt that the Gopalganj administration had distributed compensation cheques of Rs 4 lakh each to families of 14 of the 19 people who died in the 2016 Khajurbanni hooch case.

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Chief Minister Nitish Kumar had on Friday said the government would not pay compensation to those who died after drinking spurious liquor. This came a day after his “piyoge to maroge (you will die if you drink)” remark on the Saran hooch deaths, which drew strong reactions from the Opposition parties.

A victim of Saran hooch tragedy being treated in Patna Medical College and Hospital (PMCH), in Patna. (PTI)

“I am surprised how the Chief Minister is pretending to be oblivious to the compensation provision and issuing insensitive remarks over deaths of people. How can a Chief Minister speak like this? He is now not in control of things, he should hand over reigns to Tejashwi Prasad Yadav (Deputy Chief Minister), who might deal with the state affairs in a better manner,” Modi told The Indian Express.

Explained

What the law says

Section 42 of Bihar Prohibition and Excise Act, 2016, says, “Under provisions of the CRPC, a Collector can issue order to pay compensation if he/she is satisfied that deaths have taken place because of liquor sold anywhere, irrespective of the fact that liquor manufacturer is convicted in the matter.” The law provides for compensation of Rs 4 lakh in case of death, Rs 2 lakh in case of hospitalisation and Rs 20,000 in case of minor injuries. The district authorities can recover such compensation from liquor manufacturers and traders, according to the provisions.

So far, the government has confirmed 40 deaths in the Saran hooch case although the number could be much higher.

Phulmati Devi grieves the death of her two sons at Bahrauli village of Saran on Thursday. (Express photo by Santosh Singh)

“The hooch death toll might well have crossed 100. Since several bodies are cremated without postmortem, the correct number of deaths is not being reported. Most of those who have died in Saran are from OBC, EBC and Dalit communities,” said Modi, who visited Masrakh (Saran) on Saturday.

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He said hooch deaths had been grossly under-reported by the government and it was ridiculous to see NCRB data showing only 23 deaths between 2016 and 2021.

JD (U) national spokesperson KC Tyagi, however, told The Indian Express: “What Sushil Modi is saying shows the double standards of the BJP. It was the same BJP which was not short of accusing Lalu Prasad and Tejashwi of ‘jungle raj’ and now he has started seeing merit in RJD leadership… Second, Nitish Kumar’s liquor policy should be seen in a broad manner and with Gandhian perspective. The state police has been doing its job for enforcement of prohibition law.”

Santosh Singh is a Senior Assistant Editor with The Indian Express since June 2008. He covers Bihar with main focus on politics, society and governance. Investigative and explanatory stories are also his forte. Singh has 25 years of experience in print journalism covering Bihar, Delhi, Madhya Pradesh and Karnataka.   ... Read More

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