The ban on sale and consumption is back in Bihar. The Supreme Court of India on Friday stayed the Patna High Court’s order regarding quashing liquor ban. The Nitish Kumar’s government came out with a new law on liquor ban on October 2.
In a relief for the Nitish government, the Supreme Court stood in favor of banning consumption and sale of liquor in the state. "Ban on liquor and fundamental rights do not go together," the SC bench said.
The Bihar government had moved the SC on October 3 challenging the Patna high court order, which was given by the court on September 30. In HC’s order if was directed to the government that ban against liquor should be quashed.
However, two days after the high court quashed the order on prohibition, Bihar government on Gandhi Jayanti came out with a new law banning liquor with harsher provisions like arrest of all adults in the event of recovery of the contraband in their house.
In its notification, the government notified the Bihar Prohibition and Excise Act, 2016 to ensure that the ban on sale and consumption of alcohol including Indian Made Foreign Liquor (IMFL) as well spiced and domestic liquor, continued in the state.
While assailing September 30 high court verdict, Bihar government urged the court to decide whether state can impose absolute prohibition on distribution and consumption of liquor and whether an individual can claim right to consume liquor as his or her fundamental right under the Constitution.