The division bench of Chief Justice Pinaki Chandra Gosh and Justice C Praveen Kumar observed that appropriate forum to discuss a policy's merit would be Parliament (or Assembly), and not the courts.
It was for the petitioners to show that the policy was wanting in reasonableness, the Chief Justice observed, adding that the court cannot assume that the action taken by the government is unreasonable and against public interest.
The new excise policy provides for allotment of retail liquor outlets by draw of lots, in the place of the old system of auction.
