Ban is the easiest thing any TDH can do. What’s the use of the years of legal experience in the jurisprudence if the SC wants to ban by imposing the top-down diktats which affect the businesses and then go on making perpetual exceptions for the made diktat?
The directive that there shouldn’t be wine shops, bars or restaurants serving alcohol in the area 500m from the highway is utter nonsense. Above it, they have this contempt provision to punish anyone that criticises this nonsense perpetuated by SC Judges.
If this is not Judge-o-cracy, then what is?
Now that this directive comes into effect from today, one or all of these things will happen.
1. Executive will issue orders or notifications for de-recognizing stretches of Highways as “not actually highways” for the purposes of business establishments. Then, it will be business as usual.
2. Or Simply the businesses will go underground and use other means of advertisements or sell liquor informally. Leading to a bigger danger of giving boost to selling spurious liquors along Highway side. More deaths.
3. The executive machinery will extort bribes and harass businesses by enforcing this dictum whenever they would wish at their will by interpreting the law to their benefit. More trouble to law abiding citizens.
4. Courts will get petitions after petitions, cases and counter cases from different kinds of interest groups on this one dictum alone piling 100s of cases before the already burdened SC asking for exemptions, more bans and vada
All this could have been stopped by simply dictating the executive to deploy more Highway police equipped with necessary infrastructure to catch the law breakers and set the cost of drinking and driving so high that nobody would dare to break the law.
Our polity needs to learn just one thing. “Trust the citizens to not break the law, but verify and punish suitably if broken.”