Licences’ revocation of wine shops is legal, says SHC top judge
Explains decision taken after input from minorities’ representatives
PHOTO: AFP
HYDERABAD:
The Sindh High Court Chief Justice Sajjad Ali Shah has said the court’s order about sealing wine shops across the province was made on a legal basis and after hearing the minority community on the issue.
“This is the law. People say it’s an emotional decision and the government will have to bear [financial] loss. But I don’t think the government by making our children drink alcohol wants to make earnings from it,” he said while responding to queries of journalists Friday night in Hyderabad after attending a reception by the Sindh High Court Bar Association (SHCBA).
Licences’ revocation of wine shops is legal, says SHC top judge
Following the October 27 court order to revoke all wine shop licences till the excise department comes up with a new mechanism to dole out permissions, Isphanyar Bhandara, chief executive of Murree Brewery — the main supplier of Sindh’s wine shops — had claimed the decision was made on emotional grounds rather than research.
Shah said the Constitution and the law permits only non-Muslims to consume alcohol and that too on special religious occasions. “We were told in court that if Muslims want to drink liquour they should drink in their own name. Why are they drinking in our names because our religions at no place allow this,” the chief justice said while quoting representatives of the Hindu, Sikh and Christian communities.
When asked why a similar court order given some years ago to ban the sale of manipuri and gutka could not be enforced, the chief justice pointed to legal lacunae. “[There] is no legislation on this subject.”
He recalled that the court had based its order on Section 144 [of the CrPC]. “Now the problem is that who will determine whether its health injurious or not? This is not the work of courts. This is a legislative intent and there is space for legislation which is not done so far.”
Address to bar
Referring to the accountability being conducted within the institution, Shah asked the bar to carry out similar accountability in the legal fraternity. “[The] bars are hatcheries from where the lawyers come to the bench,” he observed while addressing the District Bar Association on Saturday.
Decision to close liquor shops across Sindh ‘emotional’, says Murree Brewery chief
Earlier in his speech at the SHCBA Hyderabad, he had informed that “as part of the ‘cleansing process’ in the judiciary, around 25 judges have either been dismissed or compulsorily retired.”
“Finger can be raised on a few judges on the matter of competence, but not over corruption,” he stated.
A total of 700 judges are working in the district judiciary which is historically the highest number of judges, he informed. He also declared that the SHC Hyderabad Circuit Bench, which has four judges in its jurisdiction covering 14 districts, will be given six more judges by the end of November after approval from the judicial commission.
Published in The Express Tribune, October 29th, 2016.
The Sindh High Court Chief Justice Sajjad Ali Shah has said the court’s order about sealing wine shops across the province was made on a legal basis and after hearing the minority community on the issue.
“This is the law. People say it’s an emotional decision and the government will have to bear [financial] loss. But I don’t think the government by making our children drink alcohol wants to make earnings from it,” he said while responding to queries of journalists Friday night in Hyderabad after attending a reception by the Sindh High Court Bar Association (SHCBA).
Licences’ revocation of wine shops is legal, says SHC top judge
Following the October 27 court order to revoke all wine shop licences till the excise department comes up with a new mechanism to dole out permissions, Isphanyar Bhandara, chief executive of Murree Brewery — the main supplier of Sindh’s wine shops — had claimed the decision was made on emotional grounds rather than research.
Shah said the Constitution and the law permits only non-Muslims to consume alcohol and that too on special religious occasions. “We were told in court that if Muslims want to drink liquour they should drink in their own name. Why are they drinking in our names because our religions at no place allow this,” the chief justice said while quoting representatives of the Hindu, Sikh and Christian communities.
When asked why a similar court order given some years ago to ban the sale of manipuri and gutka could not be enforced, the chief justice pointed to legal lacunae. “[There] is no legislation on this subject.”
He recalled that the court had based its order on Section 144 [of the CrPC]. “Now the problem is that who will determine whether its health injurious or not? This is not the work of courts. This is a legislative intent and there is space for legislation which is not done so far.”
Address to bar
Referring to the accountability being conducted within the institution, Shah asked the bar to carry out similar accountability in the legal fraternity. “[The] bars are hatcheries from where the lawyers come to the bench,” he observed while addressing the District Bar Association on Saturday.
Decision to close liquor shops across Sindh ‘emotional’, says Murree Brewery chief
Earlier in his speech at the SHCBA Hyderabad, he had informed that “as part of the ‘cleansing process’ in the judiciary, around 25 judges have either been dismissed or compulsorily retired.”
“Finger can be raised on a few judges on the matter of competence, but not over corruption,” he stated.
A total of 700 judges are working in the district judiciary which is historically the highest number of judges, he informed. He also declared that the SHC Hyderabad Circuit Bench, which has four judges in its jurisdiction covering 14 districts, will be given six more judges by the end of November after approval from the judicial commission.
Published in The Express Tribune, October 29th, 2016.