SC sets aside SHC decision to revoke licences of wine shops

The Excellent Courtroom on Wednesday annulled the Oct 27 Sindh Top Courtroom (SHC) order about cancellation of licences of about 124 wine shops within the province.

A 3-member bench presided via Justice Mian Saqib Nisar used to be listening to the case on a petition towards the SHC order.

Accepting the appeals of the petitioners and returning the case to the SHC, the apex courtroom ordered hearings at the case to happen each day beginning subsequent week.

“This order will have to now not be taken to imply that the Best Courtroom has granted permission for the sale of alcohol,” Justice Nisar stated throughout the listening to.

He added: “We don’t seem to be excited about whether or not wine retail is authorized or now not, we’re curious about how lawful the topic is.”

Dr Ramesh Kumar Vankwani, the shopper of Pakistan Hindu Council and PML-N MNA, who used to be provide throughout the listening to stated, it used to be now not proper to “promote alcohol within the identify of faith”.

“In Hinduism, promoting and consuming alcohol is against the law,” he stated.

In reaction, Justice Nisar reminded Dr Ramesh that he’s now not a birthday party within the case and requested him to take a seat.

“The Best Courtroom has used it is suo moto jurisdiction on this case. The Ideally suited Courtroom is an establishment for the reason of the regulation.”

The petition used to be moved on behalf of the Kohistan Wine Store, Karachi; Azad Wine Store, Karachi; Mehran Wine Store, Hyderabad; Arjun Wine Company, Mirpurkhas; Mazda Buying and selling, Karachi; Grasp Wine Store, Sukkur; Sindh Wine Store, Nawabshah; and Fortunate and Corporate, Karachi.

The petitioners pleaded ahead of the SC that they have been law-abiding electorate of the rustic and had paid Rs3 billion in tasks to the federal government ultimate yr.

They stated that on Oct 18, the SHC had ordered the Sindh executive and its departments involved to start up the method of cancelling the licences of the liquor shops.

The order got here with an remark that no provision beneath Article 17 of the Charter allowed the criminal authority to grant common licences to liquor shops to function all the way through the yr as non-Muslims may just most effective be supplied liquor for intake at their non secular ceremonies for which the request may well be made prematurely.

Of their attraction, the liquor store house owners pleaded that the top courtroom had arbitrarily, and with out analyzing the sale data of the wine shops, concluded that liquor used to be being bought in violation of Article 17 of the Prohibition (Enforcement of Hadd) Order, 1979, in particular when there used to be now not a unmarried grievance towards the petitioners.

The petitioners stated that no subject matter used to be to be had with the excise division relating to non secular fairs of non-Muslims at which intake of alcohol used to be permissible.

Additionally, the petition stated, the SHC didn’t search perspectives of all of the non secular minorities dwelling in Sindh, just like the Parsi group.

The petitioners argued that alcohol factories and retail outlets have been running in more than a few portions of Pakistan, together with the Islamabad Capital Territory, Balochistan and Punjab, and that livelihood of no less than 24,000 folks used to be at stake as they have been running within the alcohol retail industry in Sindh.

“They’re confronted with the loss of livelihood and grave and irreparable monetary injury has hit the petitioners as a end result of the SHC order the place they don’t seem to be appearing in any unlawful method and show-cause notices were issued to them with out giving them a chance to be heard or to make choice industry plans,” the petitioners stated.

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