Jharkhand High Court Directs Effective Implementation Of Memorandum By MoEF Prohibiting Sale Or Consumption Of Liquor To Protect Sanctity Of Parasnath Hill
Jyot, a religious trust registered in Ahmedabad, filed a Public Interest Litigation to protect the sanctity of Parasnath Hill in the State of Jharkhand.
The Jharkhand High Court has directed the Superintendent of Police to increase the number of Home Guards on the Parasnath Hill to ensure effective implementation of the Memorandum issued by the MoEF prohibiting the sale or consumption of liquor.
Jyot (Petitioner), a religious trust registered in Ahmedabad, filed a Public Interest Litigation (PIL) to protect the sanctity of Parasnath Hill in the State of Jharkhand. The Petitioner submitted the Office Memorandum (Memorandum) issued by the Ministry of Environment, Forest and Climate Change (MoEF) in 2023 under Section 5 of the Environment (Protection) Act, 1986 (the Act), recognising the sanctity of the Parasnath Hill and its significance for the Jain community. It included prohibiting the sale or consumption of liquor and other intoxicants, serving of non-vegetarian food and committing injurious acts to animals.
A Division Bench of Chief Justice MS Ramachandra Rao and Justice Deepak Roshan remarked, “It appears that the respondents are intentionally trying to mislead the Court by arguing that the petitioner is trying to apply the 2019 notification and the 2023 Office Memorandum to the entire Parasnath Eco-Sensitive Zone, because, in our opinion, the PIL is confined only to the Parasnath Hill within the indicated latitude and longitude.”
Senior Advocates Darius Khambata and Percival Billimoria appeared for the Petitioner, while Advocate General Rajiv Ranjan represented the Respondents.
Brief Facts
The Memorandum further directed a stay on the plan for tourism and eco-tourism activities on the Hill. It also stated Sammed Shikharji Parvat Kshetra was the world’s most sacred and revered ‘Theerth Sthan’ of Jain ‘dharma’. The Petitioner argued that such a notification issued under the provisions of the Act constitutes law.
The Petitioner alleged that despite this acknowledged sanctity, the State of Jharkhand and other government bodies were permitting activities that desecrated the Hill and did not take any preventive measures against activities that defiled the sanctity of the Hill. The Petition sought to implement the Memorandum.
Court’s Reasoning
The High Court noted, “The Office Memorandum dt.02.01.2023 specifically directs the State Government to strictly enforce the ban on consumption of nonvegetarian food items on the Parasnath Hill. If such schools and Anganwadis are located on the Parasnath Hill, consumption of non vegetarian food such as eggs cannot be permitted therein.”
“The respondents claim that they are informing local residents about the prohibition regarding consumption of non-vegetarian food and alcohol in the 2023 Office Memorandum. But in our opinion, mere informing some of the local people/visitors to the Parasnath Hill about the restrictions imposed by the 2023 Office Memorandum, may not suffice. Strict enforcement is necessary,” the Bench remarked.
The Court also directed the Superintendent of Police to increase the number of Home Guards on the Parasnath Hill to ensure effective implementation of the Notification issued by the MoEF, designating an ecosensitive zone around Parasnath Hill.
“There is substance in the contention of the petitioner that the language of the 2023 Office Memorandum is broad enough to cover all types of tourism including eco-tourism as well as religious tourism and that both are prohibited,” the Benh stated.
Consequently, the Court ordered that “the Superintendent of Police, Giridih shall increase the number of Home guards on the Parasnath Hill to ensure effective implementation of the 2019 Notification and the 2023 Office Memorandum.”
Accordingly, the High Court listed the matter on 21st June for the filing of status reports.
Cause Title: Jyot v. The State of Jharkhand & Ors. (W.P. (PIL) No. 231 of 2025)
Appearance:
Petitioner: Senior Advocates Darius Khambata and Percival Billimoria; Advocates Indrajit Sinha, Prerna Jhunjhunwala, Shubham Kataruka and Khusboo Kataruka
Respondents: Advocate General Rajiv Ranjan; AC Piyush Chitresh
