HC reserves order on booze ban in state

Patna: A division bench of the Patna high court comprising acting Chief Justice Iqbal Ahmed Ansari and Justice Navaniti Prasad Singh on Friday reserved its order in the writ petitions that have challenged prohibition in the state.
In concluding arguments on Friday, principal additional advocate general Lalit Kishore, while making his submission before the bench on behalf of the state government, said drinking liquor was not anyone's fundamental right.
The state government took the decision to enforce prohibition in the larger public interest and the court should not interfere in this matter.
Supreme Court's senior advocate Balwir Singh made submission on behalf of the writ petitioners. He cited several rulings of the apex court, including that on liquor ban in Kerala, to plead against the prohibition as ordered in Bihar.
According to Ashish Giri, who is among the counsel of petitioners, "Under Article 21 of Constitution, liquor comes within the definition of food. Since it is food, one has the right to choose. The government can't enforce total ban on anyone's right to choose to drink liquor at home. This also violates one's right to privacy."
He also said the notification in this regard issued on April 5 only deals with the manufacture, sale and consumption of IMFL, but not its possession. "This creates confusion," Giri said and added the Act also did not provide for any action if anyone was found drunk in the state after consuming liquor outside the state. "Yet, police are arresting such people," he said.
"Section 19 (1) of the Excise Act allows possession of four bottles of liquor for self consumption or bona fide consumption," he said.
Giri recalled the government policy in December talked about phase-wise prohibition.
It was planned to ban country liquor in the first phase after which the government was supposed to form a committee to suggest a scheme to reduce reduction of alcohol consumption.
"But the state government took a decision overnight to enforce total prohibition," he said and added this had created widespread confusion.