Excelsior Correspondent
Srinagar, May 9: High Court has directed the Government to file its response to an application seeking complete ban on sale and storage of liquor in the State in the light of Apex Court ruling.
The Division Bench of Chief Justice Badar Durez Ahmad and Justice Ali Mohammad Magrey was hearing an application seeking recalling of its earlier order and directing for complete ban on liquor trade in the State in light of Supreme Court directions which the various states of country have adopted.
The Division Bench of High Court way back in 2015 in a PIL filed by an Islamic organization (Karwani Islami) had directed the State authorities to strictly enforce the Section 50-B of J&K Excise Act and had granted liberty to petitioner including anyone to approach the court again in case slackness is shown on part of the authorities or the liquor vendors in this connection.
It may be mentioned here that the High Court while disposing of the PIL had granted liberty to the petitioner or any person who is affected or interested in implementation of the restrictions/regulations to approach this court for appropriate directions by pointing out specific instance or instances of violation of the regulations and in such event this court will consider the grievance in accordance with law.
An advocate has approached the court for blanket ban on any kind of liquor trade in the State in light of Supreme Court ruling in which Apex Court has held that Constitution confers a qualified and not an absolute right to trade in liquor and that ‘state can completely prohibit trade or business’ in portable liquor since trade or business in liquor as a beverage is ‘res-extra commercium’. A citizen therefore has no fundamental right to do trade or business in liquor.
Petitioner has also referred the instance of various states in which trade of liquor has been completely banned in public interest.
It is worthwhile to mention here that the High Court in its earlier decision had also observed that mere by bearing the labels printed on the liquor bottles that “consumption of liquor is injurious to hearth”, the evil of liquor cannot be spread, had asked the State Government to take necessary steps to educate the residents of the State regarding the evils of drinking liquor which will promote the policy behind Article 47 of the Constitution of India.
Follow our WhatsApp channel