Sindh

SC suspends SHC order to seal wine shops

Asma Jahangir contends that her client while selling wine did not violate the law

Hasnaat Mailk March 20, 2017

Asma Jahangir contended that her client while selling wine did not violate Article 17 of the constitution. PHOTO: REUTERS

ISLAMABAD: The apex court has suspended the Sindh High Court’s (SHC) order to seal shops selling liquor in violation of the Hudood Ordinance of 1979 providing relief to the wine shop owners.

A two-judge bench of the Supreme Court headed by Justice Ejaz Afzal Khan observed on Monday that if there is a provision in Prohibition (Enforcement of Hadd) Order 1979 for taking action against violators regarding the sale of liquor, then why should the SHC step in for passing any order against such violations.

Asma Jahangir, representing wine shop owners, appeared before the two-judge bench and contended that her clients, while selling wine, did not violate Article 17 of the Prohibition (Enforcement of Hadd) Order 1979.

SHC again orders wine shops across Sindh sealed

Likewise, Deputy Attorney General Sajid Ilyas Bhatti read out Articles 17, 18, 19 20 of the Prohibition Order 1979 and stated that law is available for taking action against violators.

Around 10 shop owners had filed a petition through Jahangir against the SHC’s March 2 order, in which they requested the SC to suspend the order until the final verdict.

The SHC had ordered the provincial Excise and Taxation Department to immediately seal off all shops selling liquor in violation of the Hudood Ordinance of 1979.

Meanwhile, the SC bench, granting leave to appeal, has suspended the SHC order and asked the registrar’s office to fix the next hearing of the case before a three-judge bench instead of two.

The bench, however, observed that the police may take action in accordance with the law, when offence is committed. The hearing of the case has been adjourned for three weeks.

SHC grants govt more time to furnish explanation

Earlier during the month, a two-judge bench of the SHC, headed by Chief Justice Sajjad Ali Shah, had directed the provincial police chief to submit a compliance report.

However, the bench gave the Sindh government 30 days to develop a mechanism in consultation with all stakeholders, including members of minority communities and wine shop owners, to come up with a ‘practical, transparent and implementable mechanism’ to ensure only licensed shops sell liquor to non-Muslims, both local and foreign, in compliance with quota restrictions.

The petitioners’ filing appeal against SHC order in the SC had contended that the livelihood of shopkeepers and their families was at stake because of the SHC’s order. Over 24,000 citizens were working in the alcohol retail business in Sindh alone. Likewise, the order had not only affected the citizens working in the business but their families as well.

“The petitioners are not acting in any illegal manner. They were not given any opportunity to be heard or to make alternate business plans for themselves or their employees, and as such have been condemned unheard,” stated the petition.

COMMENTS (4)

Lolz | 7 years ago | Reply Why ban alchohal in the first place when the country could not be run without the charity of those countries who generate surplus revenues from alchohal business?

Irfan_Sydnry | 7 years ago | Reply Dr. Kenneth Mukamal, an internist at Beth Israel Deaconess Medical Center and assistant professor at Harvard Medical School in Boston, was the lead author of a New England Journal of Medicine study examining the roles of drinking patterns and heart disease that found, after 12 year of follow-up, that men who consumed alcohol between three and seven days a week had fewer heart attacks than men who drank once a week.

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Sohail Khan | 7 years ago | Reply According to Rule 15 (3) of Sind Prohibition Rules 1979, “The permit issued to a non-Muslim Pakistani shall be in Form P.R.III and be valid for a one year, and the permit holder shall be entitled to purchase, possess and consume such quantity of intoxicating liquor per month as may be specified in such permit on the basis of the average number of religious ceremonies of the applicant per month. Rule 16 reads, “The quantity of intoxicating liquor authorized by a permit shall be stated in the permit in Units and one unit shall for the purpose of these rules be deemed to be equal to one quart bottle of any kind of spirit including liquor or three quart bottles of wine or medicated wine or sixteen bottles of beer” Rule 17 reads, “The Director-General may, from time to time, fix the maximum quantity of intoxicating liquor to be allowed to be possessed or consumed under a permit and may increase or decrease this quantity generally or specially or direct as to what kind of liquor be supplied to a consumer or class of consumer. The Secretary of Excise & Taxation Department had issued a notification vide No. SO (Excise) E&T/2(5)99, dated 30th August, 2006 regarding the inclusion of rule 27 in the Sindh Prohibition Rules, 1979 negating all three rules cited above. The notification reads that “Notwithstanding any thing contained in the Sindh Prohibition Rules, 1979, the Retail Off licence shall sell liquor on National Identity Card instead of PR-III with the condition that instead of Rs. 6/- the Retail Off licence shall pay an amount of Rs. 10/- per unit per month as Permit Fee in advance at the time of issuance of Transport Permit.” Secretary of Excise and Taxation Department is only empowered to make rules for the issue of licences and the enforcement of the conditions thereof, but not to modify the rates of Permit Fee and amend the rules made over Abkari Act, which is sole prerogative of legislature. Previously a non-Muslim could only consumes 9 bottles in a month but after this notification he can purchase any number of quantity by paying only 30 rupees per bottle. Taking the advantage of this, companies are producing maximum quantity of liquor and selling it to the consumers far more than the numbers of non-Muslims in the country who consume wine and liquor.

Irfan_Sydney | 7 years ago | Reply According to modern research drinking in moderation is very healthy.

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