SC stays Patna HC order quashing Bihar liquor ban law

In a relief to the Nitish Kumar government, Supreme Court today stayed the operation of Patna High Court judgement quashing the state's law banning sale and consumption of all types of liquor, saying liquor and fundamental rights "do not go together".
A bench of justices Dipak Misra and U U lalit also issued notices to all the respondents including some liquor manufacturers, on whose plea the high court had held as illegal and unconstitutional Bihar government's prohibition law and posted the matter for hearing after eight weeks.
"Liquor and fundamental rights do not go together," was how the apex court observed before passing the interim order on the appeal against the high court's verdict.

"As an interim measure, it is directed that there shall be stay of operation of the judgement and order passed by the division bench of the Patna high court," the bench said.
Bihar government has challenged the high court verdict of September 30 which had quashed the notification banning consumption and sale of liquor in the state.
However, after the law was set aside, the Grand Secular Alliance government came out with a new law banning sale and consumption of liquor, which was notified on the Gandhi Jayanti day on October 2.

Senior advocate Gopal Subramaniam, assisted by advocates Gopal Singh and Keshav Mohan, told the bench on behalf of the state government that after high court's order, Bihar has notified a new law on October 2 which repealed the old legislation.

"The new law is not under challenge. The high court judgement was in relation to the old law," he said.
Senior advocate A M Singhvi, appearing for one of the liquor manufacturers, said "this judgement (which is under challenge) is not operational. It is supplanted by a new law. Today, there is nothing to be stayed."
He was opposing the appeal of the state government by submitting that a new law has been notified on October 2.
The state government in its petition had urged the apex
court to stay the high court order quashing the April 5 notification to ban liquor.

It had 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 spiced and domestic liquor, continued in the state.
While assailing the September 30 high court verdict, Bihar government urged the apex court to decide whether State can impose absolute prohibition on distribution and consumption of liquor and whether an individual can claim the right to consume liquor as his or her fundamental right under the Constitution.
It claimed that as a consequence of the high court order, the state government's effort to bring in complete prohibition on liquor, in performance of its constitutional obligations, has been frustrated.

The high court had on September 30 quashed the notification banning consumption and sale of alcohol in the state, saying it was ultra vires to the Constitution.
The order was passed on a batch of petitions filed by the Liquor Trade Association and others, challenging the liquor law, brought in with stringent penal provisions.
Soon thereafter, Bihar government brought in the new law banning liquor, including harsher provisions like arrest of all adults in a house where contraband was found.
The Grand Secular Alliance government in Bihar had first banned manufacture, trade, sale and consumption of country- made liquor since April 1, but later imposed a blanket ban on all types of liquor, including foreign liquor, in the state.