The Gujarat High Court reserved its judgment on the maintainability of petitions challenging the prohibition on manufacture, sale and consumption of liquor in the State of Gujarat imposed through the Gujarat Prohibition Act, 1949.
The petitions averred that the prohibition is invalid as it manifests arbitrariness and violates citizens’ Right to Privacy.
The opposition counsel representing State had raised preliminary objections w.r.t. the challenge and submitted that it cannot appear for an appeal over the Apex Court’s decision in State of Bombay v F.N. Balsara where the validity of Sections 12 and 13 (dealing with prohibition on manufacture, sale and consumption of liquor) had been upheld.
The counsel appearing for petitioners contended that earlier, the challenge to the legislation was limited to the extent of usage in medicinal and toilet preparation. The question of validity of prohibiting consumption of liquor had not been addressed by the apex court thus making Gujarat HC a competent authority to adjudicate the issue at hand.
The counsel argued that the restrictions imposed by legislation on the right of citizens’ to possess, sell and consume alcohol had not been disputed before the apex court in view of DPSPs.
Moreover, the counsel highlighted that the new Right to Privacy had been included under the umbrella of Article 21 in the year 2017. So the Supreme Court had no opportunity to address the issue back in 1951.
The counsel also remarked that Right to Privacy has links with the citizens’ right to choice w.r.t. what they eat and drink. To this, the Advocate General objected and submitted that right envisaged under Article 21 can be regulated by procedure established by law and the Prohibition Act is one such procedure.
Until now, the Gujarat HC has reserved its judgment for the instant case i.e. Rajiv Piyush Patel v State of Gujarat.
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