Ahmedabad: Six decades after the formation, the dry state of Gujarat faces the challenge of maintaining its prohibition policy on purchasing, ownership and consumption of liquor in the state after the Gujarat High Court on Monday dismissing the petition that questioned the particular provisions of the law, especially on the land of privacy rights.
Chairman of the Chief Judge Vikram Nath and Justice Biren Vaishnav has decided to assess, in achievement, the petition states the right to drink in private places, opponents permits are given to choose some and disproportional punishment for violations of the ban on prohibition.
The bench wasted the state government argument that the provisions of the Bombay ban were enforced by the Bombay High Court and later by the Supreme Court in 1951 and therefore, every question about the validity of the Law on Gujarat’s prohibition was not able to be maintained before the High Court , but before the APEX court only.
PLEA ban: HC rejected the State of the Petitioner’s state government that did not allow someone to drink in a private place was a violation of his rights to privacy, the High Court cited the APEX court order and said that “acknowledged ‘for the privacy of residents as fundamental rights and applicants had attacked several The provisions of the ACT in 1949 on the grounds that they violated privacy rights.
The same thing has never been tested before in the context of private food preferences that are woven in privacy rights “.
Refusing the government’s attitude about the ignorance of petitions, the High Court said that the previous challenge was very limited which involves the prevention of alcohol preparation for medical preparation and toilet only.
The petition is currently questioning the prohibition of import, transfer, ownership and purchasing of liquor, prohibiting someone’s entry in Gujarat in a drunken state, prohibiting the sale of liquor to anyone except permission holders, permission to use warships, troops and in the chaos and canteen of the armed forces.
This question has appeared for the first time, said the court.
“In addition, the challenge of the prohibition of drinking drinks for human consumption that violates the part III of the Constitution has never been under the challenge or being examined before the previous court,” said the court.
The court discussed the state government argument that the challenge in the petition was cosmetic and observed that the new provisions added in the Law of the Prohibition “not only cosmetics in nature but gave valuable rights”.
The court cleared that these petitions could not be dismissed on the maintenance threshold and allowed the government to raise this problem during the end hearing, which was posted on October 12.
The High Court gave two months to the state government after the Advocate General handed over that the administration could make decisions about challenging orders.
According to Senior Counselor Devan Parikh, who represents one of the applicants, the court believes that the law has been challenged for the first time with the basis of the violation of Article 21 of the Constitution and therefore the rights of citizens play a role in that.
For the first time, dry Gujarat to defend the ban policy
