Professional Documents
Culture Documents
Singh Sidhu, aged 46 years, r/o House No. 268, Sector 21-A,
Chandigarh ........Petitioner
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Vs.
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Secretary to Government of Punjab, Department of Excise
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and Taxation, Punjab Civil Secretariat, Sector 1, Chandigarh
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..Respondents
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Civil Writ Petition under Article 226 of the
And/ Or
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A further Writ in the nature of Mandamus to stay
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(P-3) during the pendency of the present petition
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in the Honble High Court;
And/ Or
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Respectfully Showeth:
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Prince Michael International Road Safety Award, CNN IBN
Not only this, the States have been directed to remove all
proceedings.
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of a municipal corporation, city,town or local authority;
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prior to the date of this order shall continueuntil the term of
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the licence expires but no later than1 April 2017;
Constitution.
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and affected parties, seeking clarification/ modification/
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vide another judgment dated 31-3-2017 (Annexure P-5) all
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those interim applications were disposed off.
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6. That State of Punjab amongst few other States did not file
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In the case of those licences for the sale of liquor
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excise year of theconcerned state is to end on a date falling
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on or after 1 April 2017, theexisting licence shall continue
until the term of the licence expires but inany event not later
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its sweep restrauns and hotels who serve liqour within thier
premises.
under:
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direction interms as sought by Shri Aryama Sundaram,
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of this Court should be clarified so as toapply only to shops
the Punjab Excise act 1914, just to dodge the Supreme Court
orders.
(A) That the singular and acme intent and purpose behind
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was assigned to the Chief Secretaries and Director
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State government instead of recognising the concern of
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the Supreme Court in trying to remedy the mischief
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would be diluted.
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premises. While delivering the verdict (P-4 and P-5) the
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regarding concumption in premises and consumption
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off premises and thus they passed the direction that
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Supreme Court.
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solely to increase the distance. Measuring a distance in
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the best way to implicitly adhere to the spirit of the
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directions of the Honble Supreme Court to eliminate
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on a highway.
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rest.
(H) That if the impugned amendment is allowed to operate
accidents.
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the menance of drunken driving with that of
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owners of several bars and hotels in Chandigarh had
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approached the Honble High Court with a view to flout
Annexure P-7.
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Court that the legislature cannot directly annul a
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"making" law [Article 245 of the Constitution] and not
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contained in Article 47 of the Constitution of India as
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the trade in terms of the provisions of the Excise Act.
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That Article 47 of the Constitution enjoins upon the
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"The right to life enshrined in Art.21 cannot be
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something much more than just physical survival. The
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right to life includes the right to live with human dignity
and all that goes along with it, namely, the bare
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human beings."
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but under Indian Constitution the Head of the State and the
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in any one of the functionaries of the State and in the
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doctrine of privilege is difficult to reconcile with, then if we
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examine this privilege of trading in commodities injurious to
13. That the main law points are involved in the present
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Writ Petition:
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of law?
(c) Whether impugend amendment would override the
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15. That there is no other equally efficacious/ alternate
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petitioner except to approach the Honble High Court under
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Article 226 of the Constitution of India.
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pleased to:
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copies of Annexures.
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Dated: 24-6-2017 (Petitioner)
Chandigarh
Verification
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Verified that the contents of paras no. 1 to 15 are true and correct
concealed therein.
Affidavit of Harman Singh Sidhu, r/o House No. 268, Sector 21-A,
Chandigarh- President, Arrive Safe Society.
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I, the above named deponent, do hereby solemnly affirm and declare as
under:
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1. That the deponent is petitioner in the above stated CWP. He is
fully conversant with the facts of the case and is competent to file
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the instant Affidavit.
2. That the deponent has gone through the contents of the instant
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petition. Same are true and correct as per the knowledge of the
deponent. The deponent shall remain bound by them.
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Chandigarh Deponent
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Verification
Chandigarh Deponent
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Arrive Safe Society is an Indian NGO working on
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developing road safety programs to increase knowledge, awareness
and skills amongst all types of road users. Besides educating the
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youth about liquor abuse, it also works closely with the traffic police
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drunken driving. Not only this, the States have been directed to
ensure that the liqour vends are neither visible nor accessible from
the Honble Supreme Court and the petitioner NGO was arrayed as
directions:
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the limits of a municipal corporation, city,town or local
authority;
Constitution.
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A copy of the judgment titled as State of Tamil Nadu &
of Punjab amongst few other States did not file any interim
2017
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a direction interms as sought by Shri Aryama
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that the judgment of this Court should be clarified so as
they stand.
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premises.
Court orders.
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a further writ of Mandamus to stay the implementation/
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pendency of the present petition in the Honble High Court.
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The impugned amendment is nothing short of a political
Dated: 24-6-2017
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4. Annexure P-1 (List of office 23-6-2017 19 1.00
bearers)
5. Annexure P-2 (Resolution) 23-6-2017 20 1.00
6. Annexure
Amendment)
P-3 (Impugned
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22-6-2017 21-26 6.00
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7. Annexure P-4 (Supreme Court 15-12-2016 27-50 6.00
Judgment)
8. Annexure P-5 (Supreme Court 31-3-2017 51-82 6.00
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Judgment)
9. Annexure P-6 (Legal Opinion) 24-2-2017 83-85 2.00
10. Annexure P-7 (High Court 18-4-2017 86-88 4.00
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Judgment)
11. Power of Attorney 24-6-2017 89 3.00
12. Certificate of registration 9-1-2007 90 1.00
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Notes:
1914.
2. Main Law points are canvassed at page no. 15 and para no.13 of
the instant CWP.
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Annexure P-3
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number of hotels, restaurants, clubs and other enclosed
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These are a part of the hospitality and tourism industry
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which generates substantial employment in the State. The
the highways.
Bill
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1. (1) This Act may be called the Punjab Excise (amendment)
Act, 2017.
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(2) It shall come into force on and with effect from the date
namely:-
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namely:
(11-a) Hotel includes a building or part of a building
namely:-
licensed to sell liquor and shall not include any hotels, clubs or
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restaurants or any notified place;
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(iv) after clause (16-a), the following clause shall be inserted,
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namely:-
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namely:-
namely:-
(19-a) supply of liquor means the provision of liquor for
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26-A (1) The sale of liqour shall be permitted only through
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motorable or walking distance of 500 meters from the outer
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rande of the National or State Highway or by a service lane
Highway
supply of liqour and all relevant provisions of this Act and the
sale of liqour.
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that all taxes, duties, cess or other levies as applicable to
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specified in this or any other Act, rule or notification made
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thereunder.
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Financial Implication
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Punjab Legislative Assembly, the introduction and consideration of
the Bill.
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Chandigarh: Shashi Lakhanpal Mishra
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Assembly).
(True Copy)
Advocate