Liquor Ban Back In Bihar For Now, Apex Court Stays Patna High Court Order
Is Bihar’s liquor ban violating consumers’ fundamental right? Supreme Court to decide.
The apex court on Friday stayed the Patna High Court order that held the Bihar government’s notification on liquor ban illegal. This order was given after the state government informed the court that they have enacted a new law that bans the consumption, sale, and manufacture of liquor and the notification does not hold.
Justice Dipak Misra observed that “ban on liquor and fundamental rights do not go together,” and stayed the high court order till any final decision.
Senior Advocate Gopal Subramaniam informed the court that Bihar government notified a new Act prohibiting sale and consumption of country-made and foreign liquor because of “social conditions to protect families”.
Prohibition of liquor or intoxicants.—No person shall manufacture, bottle,distribute, transport, collect, store, possess, purchase, sell or consume any intoxicant or liquor; Provided that the State Government may, by notification, allow renewal of the existing licensees for manufacturing, blending, compounding, bottling, storage, import and export of any liquor or intoxicant subject to the provisions of this Act; Provided also that the State Government may, by notification, allow any state owned company to undertake such activities as may be required under the Act.Bihar Prohibition And Excise Act, 2016
Liquor manufacturers opposed the stay on the high court order. “The ban is already being imposed through the new Act. Irrespective of whether notification is stayed or not the ban is operational,” argued senior advocate Abhishek Manu Singhvi in court appearing for the manufacturers.
Liquor manufacturers told the court that the state government had vouched to renew existing licenses but that has not been done and the court should decide whether a person’s rights are affected because of this blanket ban on liquor. Manufacturers have opposed the Act which enforces stricter measures like all offences under the Act will be considered a cognizable and non-bailable offence.
The Patna High Court held Bihar government’s March notification on liquor ban as unconstitutional and ulta vires. Two days after the verdict, the Bihar government notified the Bihar Prohibition and Excise Act, 2016 with strict penal provisions for consumption and sale of liquor in the state.
The Bihar government has contended that this order acts an impediment towards the state’s plan to make Bihar a liquor free state. The Nitish Kumar government has urged the Supreme Court to decide whether the state has powers to impose a blanket ban on sale and consumption of liquor and if consumers can claim fundamental right over consumption of liquor.
For example, whoever alters any form of alcohol “with the intention to make it fit for human consumption, whether as a beverage or as a medicine, or in any other way and by any other method or has in his possession any spirit in respect of which he knows or has reason to believe that such attempt has been made” will be imprisoned for not less than ten years or a fine between Rs 1-10 lakh will be imposed. Further, the Act empowers all officers to arrest and detain offenders without any warrant.
The apex court will now hear the case after 10 weeks and has sought a response from liquor manufacturers on Bihar government’s plea.