Back in court: SHC seeks details of wine shops’ licence legislation
Provincial govt to submit information after consultation with minorities
KARACHI:
The Sindh High Court (SHC) sought on Friday details from the provincial government on new legislation 'under consideration' regarding the issuance of licences to wine shops and also under which law they were allowed to sell liquor openly.
A division bench, headed by SHC Chief Justice Sajjad Ali Shah, directed advocate-general (AG) Barrister Zamir Ghumro to submit details on the course the Sindh government was taking in the matter.
This was the first hearing of the matter since the wine shops in the province re-opened following an order of the Supreme Court (SC), which set aside a previous SHC decision to suspend the sale of alcohol in the province.
The apex court's three-member bench, headed by Justice Saqib Nisar, had referred the matter back to the SHC for swift adjudication after giving an opportunity of hearing to 'all parties'.
The CJ asked the AG about the implementation of the court's previous injunctions about taking on board the non-Muslim minorities while granting permission to open wine shops in areas populated by them.
The AG replied that a session of all these minorities will be convened by the provincial government within 15 days and a report will be submitted to the court.
There are around a dozen litigants, belonging to Muslim, Hindu, Christian and Sikh communities, against the operations of the wine shops in Sindh. A lawyer representing one of the litigants argued that liquor was mainly sold to Muslims, who, as per the country's laws, are forbidden to consume it.
All the litigants are against the sale of liquor throughout the year in the name of serving religious minorities. A number of them maintain that their religion does not permit the consumption of alcohol.
The CJ reiterated his previous observation that there was no provision under Section 17 of the Prohibition (Enforcement of Hadd) Order, 1979, which allowed granting of general licences to liquor shops to sell alcoholic beverages throughout the year.
The top judge also said that wine was being sold openly without keeping a check on its consumption and the provincial government was in slumber. The AG said that it was not the incumbent government that issued the licences in large numbers.
The judge, however, replied that since the government was taking the revenue from these shops, it was liable to answer. The hearing was adjourned till December 9.
The wine shop owners are opposing the closure of their businesses. They maintain that liquor was being sold in accordance with the rules defined to them. There are around 24,000 people associated with its retail and their livelihoods are in danger with the shut down injunction.
Published in The Express Tribune, December 3rd, 2016.
The Sindh High Court (SHC) sought on Friday details from the provincial government on new legislation 'under consideration' regarding the issuance of licences to wine shops and also under which law they were allowed to sell liquor openly.
A division bench, headed by SHC Chief Justice Sajjad Ali Shah, directed advocate-general (AG) Barrister Zamir Ghumro to submit details on the course the Sindh government was taking in the matter.
This was the first hearing of the matter since the wine shops in the province re-opened following an order of the Supreme Court (SC), which set aside a previous SHC decision to suspend the sale of alcohol in the province.
The apex court's three-member bench, headed by Justice Saqib Nisar, had referred the matter back to the SHC for swift adjudication after giving an opportunity of hearing to 'all parties'.
The CJ asked the AG about the implementation of the court's previous injunctions about taking on board the non-Muslim minorities while granting permission to open wine shops in areas populated by them.
The AG replied that a session of all these minorities will be convened by the provincial government within 15 days and a report will be submitted to the court.
There are around a dozen litigants, belonging to Muslim, Hindu, Christian and Sikh communities, against the operations of the wine shops in Sindh. A lawyer representing one of the litigants argued that liquor was mainly sold to Muslims, who, as per the country's laws, are forbidden to consume it.
All the litigants are against the sale of liquor throughout the year in the name of serving religious minorities. A number of them maintain that their religion does not permit the consumption of alcohol.
The CJ reiterated his previous observation that there was no provision under Section 17 of the Prohibition (Enforcement of Hadd) Order, 1979, which allowed granting of general licences to liquor shops to sell alcoholic beverages throughout the year.
The top judge also said that wine was being sold openly without keeping a check on its consumption and the provincial government was in slumber. The AG said that it was not the incumbent government that issued the licences in large numbers.
The judge, however, replied that since the government was taking the revenue from these shops, it was liable to answer. The hearing was adjourned till December 9.
The wine shop owners are opposing the closure of their businesses. They maintain that liquor was being sold in accordance with the rules defined to them. There are around 24,000 people associated with its retail and their livelihoods are in danger with the shut down injunction.
Published in The Express Tribune, December 3rd, 2016.