SUPREME COURT: REFUSED TO ENTERTAIN PETITION SEEKING SIT PROBE; BIHAR HOOCH TRAGEDY

The Supreme Court in the case Aryavarta Mahasabha Foundation v. UoI And Anr, wherein the bench comprising of Chief Justice DY Chandrachud and Justice PS Narasimha observed and has refused to entertain a PIL seeking the formation of a Special Investigation Team to probe into the Hooch tragedy which happened in Bihar. In the case the petitioner Aryavarta Mahasabha Foundation, an NGO, also seek for a national plan to curb the manufacturing and sale of illicit liquor and a direction for the payment of compensation to be provided to the families of victims. Before the court, the counsel, Advocate Dhawal Uniyal appearing for the petitioner submitted that, the said case is pertaining to the Hooch tragedy. Thus, one of the first incidents which happened in Bihar. The same keeps on happening. We Have Uttar Pradesh, we have Uttarakhand. I have personally visited the incidents and have collected all the Aadhaar cards. I have recorded it. More than 200 deaths have taken place. The said issue is wide. Punjab, Uttarakhand, Rajasthan, UP – all are facing this issue. The same needs to be settled out once and for all. However, the bench was not being convinced and has stated that all these reliefs could be dealt with by the High Court. It has further been stated by the petitioner that the bench headed by Justice MR Shah of the Apex court was already dealing with matters which are pertaining to the Hooch tragedy. Thus, the bench remained unconvinced. The bench headed by CJI DY Chandrachud stated that let the issue be dealt by the High Courts because there are reasons why we must allow High Court’s untravelled exercise of jurisdiction because they’re aware of circumstances in the state. As the High Courts have all the powers and the High Courts even have wider power than us. The same being a broader jurisdiction and the nature of the relief being sought in the PIL are such which can be adequately addressed by the High Court by its jurisdiction as stated under Article 226 of the Constitution of India. The court granted liberty to the petitioners to move to the High Court. Accordingly, the court dismissed the petition.

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