Gujarat HC Reserves Judgement On Pleas Challenging Liquor Prohibition

WHAT WAS THE CASE

• A batch of petitions had been filed with the Gujarat High Court which challenged prohibition on sale, manufacture and consumption of liquor in the state.
• The Court has reserved its judgement on the maintainability of the pleas.
• The Gujarat Prohibition Act, 1949 has been said to be arbitrary and in violation of Right to Privacy.
• The Division Bench consisting of Justice Biren Vaishnav and Chief Justice Vikram Nath heard the matter.

WHAT WERE THE ARGUMENTS MADE

• It was stated that the High Court cannot sit in appeal over the Supreme Court’s decision in the case of State of Bombay V. F N Balsara.
• In the given case, the validity of Sections 12 and 13 of the aforementioned Act were upheld.
• It has been contended that the Apex Court’s decision in this case is only limited to medicinal preparation.
• In the context of consumption of alcohol, the Gujarat High Court was competent to adjudicate on the matter.

OTHER CONTENTIONS

• It was stated that the restrictions being imposed by the State impinge on the rights of citizens to possess, sell or consume alcohol.
• The Right to Privacy was linked to the individual’s right to eat and drink as per their wishes.
• However, the Attorney General of the State argued that the Right to Life under Article 21 was subject to restrictions by procedures that have been established by law and the Act in question is a procedure of the same nature.
• The AG also said that the Supreme Court’s judgement was bound to be followed by the High Court due to Article 141.

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