Nitish Kumar govt has homework to do after court verdicts on Shahabuddin, Bihar liquor ban

The date, 30 September, 2016, is important for Bihar, its government, polity and people. It comes through two judicial pronouncements. One came from Patna High Court which struck down Nitish Kumar government’s ban on liquor, declaring the 5 April, 2016 notification illegal. Second, pronouncement came from the Supreme Court, sending controversial RJD leader Mohammad Shahabuddin back to jail, after cancelling his bail. It’s kind of a kahin khushi kahin ghum day for Chief Minister Nitish Kumar.

Nashabandi or prohibition was his pet scheme, something on which he had put his personal prestige at stake and had hoped to fly high on the political scene and cover the distance from 1 Anne Marg in Patna to 7 Race Course Road (now called Lok Nayak Marg) — Prime Minister’s official residence — in 2019.

Shahabuddin has a unique position in his political scheme of things. Sending the dreaded criminal-turned-politician to jail and vigorously pursuing cases against him had brought laurels to Nitish, who was given the title of Sushshan Babu in his regime between 2005-15_._ But soon after he aligned with Lalu Prasad Yadav’s RJD, his status on Shahabuddin changed.

Likes of Shahabuddin could produce electoral dividends and Nitish went soft on him. Weak prosecution pleas allowed this don to secure bail in one case after another. His bails were not challenged by the government in the higher court, enabling him to come out of jail. Thanks to popular outcry, media pressure and senior advocate Prashant Bhushan agreeing to appeal against the high court order on behalf of victim’s families that the Bihar government finally approached Supreme Court.

In his brief spell of freedom, Shahabuddin has served his political electoral purpose of solidifying Muslim votes for RJD-JD(U) alliance, even though he openly challenged Nitish’s moral and stately authority. There are, however, some ominous signs for the Bihar chief minister. But it would have an impact on him only in a situation when he and Lalu Yadav part ways at some point in the future. For now, Nitish can smile, even laugh that he acted as per the wishes of people and as per the rule of law, yet being beneficiary of an alliance which supports Shahabuddin and the likes of him.

The high court order on declaring Bihar’s prohibition policy is interesting, at least the way it is being interpreted now. The order has struck down notification on Indian Made Foreign Liquor (IMFL) but the ban on country-made liquor continues.

This means that those who can pay, can quench their thirst, and get slightly high. They are free to drink their favourite drinks or whatever is available to them and as many pegs. No police or excise department official can catch them, if they don’t violate any other law, punishable under Indian Penal Code. It’s kind of a freedom day for the tipplers.

But the freedom to IMFL of their choice or compulsion is only till the morning of 2 October, because on Mahatma Gandhi’s birthday, Nitish government will come out with a revised state gazette notifications as per even harder penal provisions passed by the state Assembly and ratified by the Governor.

The new prohibition law to be notified in the next two days is truly draconian and its provisions are non-bailable. It lays down that those found with filled liquor bottle, empty bottle, remains of liquor bottles would be jailed for 2-10 years. All adult members of a family, where the bottle would be found, would go to jail and the onus to prove innocence would be on them. Consuming liquor in the state as it will be a penal offense but beware if you have consumed liquor in Delhi or Mumbai and flown to Patna on or after 2 October, the police and excise department could straightaway land you in jail.

So those going on a high from later this evening should be careful that they destroy all remains of a bottle and throw it in municipal dustbins before the morning of 2 October.

Going by the Patna High Court’s order, the proposed prohibition law would also be struck down by the high court. But that will take its own time — someone challenging the modified draconian prohibition notification and high court arriving at a conclusion, after due hearing of both sides.

Till then a cat and mouse game will begin in Bihar. Nitish has a lot of homework to do. Around 14,000 people who were arrested under that annulled 5 April Prohibition Law would need to be freed from jail. And then make preparations to arrest fresh set of people under proposed 2 October Prohibition Law, only to free them after a few months. His proposed law is a bad law in nature and in all likelihood will meet the fate of the earlier law.

For those who have a taste of madhushala, its happiness today and tomorrow, sorrow from day after till judiciary gives them relief and hits at Nitish government.