J&K High Court issued notices in a Public Interest Litigation restraining respondents to opne new wine shops in Jammu a City of Temples.
In a Public Interest Litigation filed by Care Nature and Environment Society through its Secretary Ruchi Chauhan Khan, seeking direction to respondents not to issue any new licenses for opening bars/liquor vends etc for serving intoxicating drinks /liquor in Jammu Division of the Union Territory of J&K, A Division Bench of J&K High Court Jammu Wing Comprising Chief Justice Gita Mittal and Justice Vinod Chatterji Koul after hearing Adv Ankur Sharma for the PIL, issued notice to Union Territory of Jammu and Kashmir Through Commissioner/Secretary (Financial Commissioner) Finance Department, Excise Commissioner J&K and Deputy Excise Commisisoner Jammu.
In the PIL, petitioner also seek declaring clauses 3.2.3 and 3.2.4 of the J&K Excise Policy issued vide SRO 128 dated 25.02.2019 as unconstitutional as the former provides for the grant of new licenses in un-served and under-served areas of J&K U.T and the latter, for the purposes of grant of licenses, declares Tehsil (basic unit for Rural areas) and Municipal Ward (basic unit for urban areas) ; as both are violative of Articles 21 and 19 of the Constitution of India.
In the PIL it has been submitted that there is uneven distribution of wine shop licenses vis a vis Jammu and Kashmir provinces. Out of a total of 224 wine shops in J&K Union Territory Jammu Division has a share of 220 such shops whereas Kashmir Division has only 04 such shops. Out of a total of 319 bars in the Union Territory of J&K, there are 311 such bars in Jammu Division whereas in Kashmir Division there are nearly 08 such bars and the Excise Policy in question provides for grant of new licenses for such shops and bars. The Excise Policy issued vide SRO 128 dated 25.02.2019 provides for the issuance of more licenses for wine shops and bars to the determent of the culture, health, moral and spiritual values of the people of Jammu Division.
During the course of hearing Adv Ankur Submitted that Jammu is called the City of Temples as this ancient city has thousands of big and small temples and the people of Jammu Division are deeply religious in nature and the bravery of Dogra Soldiers finds place in the Military history of the World in golden letters, having taken part both in First War and the second World war. World famous Cave of Vaishno Devi is not far from the city.