The Supreme Court on Friday gave a thumbs-up signal to the Bihar government by staying a Patna High Court order quashing the State's prohibition law, while observing that there are no rights to be claimed regards anything to do with liquor.
“Liquor and fundamental rights do not go together,” observed Justice Dipak Misra, heading a Bench with Justice U.U. Lalit.
“There is no privilege or fundamental rights to be claimed in liquor business,” Justice Misra observed.
The Bench was hearing a petition filed by the Nitish Kumar government against the September 30 High Court order which quashed the notification banning consumption and sale of liquor in the State. The Bench sought responses from the opposite parties, including liquor manufacturers, and posted the case for hearing after eight weeks.
Harsh provisions
Despite the High Court order, on Gandhi Jayanti the State government had come out with a new law banning liquor, with harsher provisions like arrest of all adults in the event of recovery of the contraband in their house.
In its notification, the government notified the Bihar Prohibition and Excise Act, 2016 to ensure that the ban on sale and consumption of alcohol including Indian Made Foreign Liquor (IMFL) as well as spiced and domestic liquor, continued in the State.
In its appeal, the Bihar government has urged the apex court to decide whether State could impose absolute prohibition on distribution and consumption of liquor and whether an individual could claim right to consume liquor as his or her fundamental right under the Constitution.
Despite the High Court order, on Gandhi Jayanti the State government had come out with a new law banning liquor, with harsher provisions like arrest of all adults in the event of recovery of the contraband in their house.
In its notification, the government notified the Bihar Prohibition and Excise Act, 2016 to ensure that the ban on sale and consumption of alcohol including Indian Made Foreign Liquor (IMFL) as well as spiced and domestic liquor, continued in the State.
In its appeal, the Bihar government has urged the apex court to decide whether State could impose absolute prohibition on distribution and consumption of liquor and whether an individual could claim right to consume liquor as his or her fundamental right under the Constitution.
