Gujarat HC: Gujarat Liquor Prohibition Challenged; Right To Privacy Invoked

What is the issue

• The Gujarat High Court on 21st June 2021 heard petitions challenging the prohibition on manufacture, sale, and consumption of liquor in the state of Gujarat as per the Gujarat Prohibition Act, 1949.
• The petition challenged the law on the grounds of 'manifest arbitrariness and violation of 'right to privacy.
• Advocate General Kamal Trivedi stated that the High Court cannot sit in appeal over the Supreme Court's decision in the case of State of Bombay &Anr. Vs. FN Balsara where the validity of the 1949 Act was upheld.
• Significantly, the Petitioners have challenged the Act on two new grounds.
• The first ground is that it manifests arbitrariness laid down in the cases of Shayara Bano, Navtej Singh Johar, and Joseph Shine.
• The second ground is based on 'right to privacy','right to be left alone' and 'right to consume liquor within four walls of one's home', which they argue falls under the ambit of right to privacy that was recognized by the Supreme Court in KS Puttaswamy v. Union of India

Observations of the Court

• A Division Bench of Chief Justice Vikram Nath and Justice Biren Vaishnav will continue to hear the matter on 22nd June 2021.
• The High Court had held that a new ground of challenge even based on approach made in later decisions of the Supreme Court may not be available before this Court to the petitioner in this case.
• The Bench has kept the matter for hearing tomorrow, and meanwhile, the Petitioners have been directed to serve a copy of their arguments on the State.

What are your thoughts on this issue?