Daily Times

KARACHI: The provincial authorities appeared to have got into hot waters for allowing the sale of liquor by restoring the licenses of the sealed wine shops as the Sindh High Court directed them to submit explanation as to which law permitted them to allow the open sale of liquor.

Chief Justice Sajjad Ali Shah, who headed a two member division bench, took great exception to the restoration of the liquor licenses and observed that they were revoked illegally.

He explained that as per Article 17 of the Prohibition (Enforcement of Hadd) Order 1979, the licenses may be issued for the sale of liquor on the grounds that liquor was a requirement of non-Muslims as a part of their religious ceremony.

The bench had taken up the case involving the issue whether the issuance of licenses for the sale of liquor was lawful.

Earlier on Nov 23 the Supreme Court had annulled the SHC’s order regarding cancellation of licenses of about 124 wine shops across the province and returned the case to the high court for rehearing the parties aggrieved at its order.

At the outset, the bench asked Advocate General Sindh Zameer Hussain Ghumro to explain as to which law allowed the government to go so far as to allow the sale of liquor following the apex court’s order.

With a bewildered look on his face, the AG answered that the present government had not issued licenses but it has allowed the opening of wine shops in the wake of the apex court’s order.

The excise and taxation department’s letter, issued to its regional directors for allowing the opening of wine shops, had quoted Ghumro as saying that since “the order of the high court has been set aside, the previous position has been restored and the wine shops sealed earlier stand restored in terms of the order.”

The chief justice observed that the government needed to amend the Hudd Ordinance if it was all for allowing the wine shops to sell liquor.

The judges were also displeased with the AG for not complying with their earlier order for convening a meeting of the representatives of all the minorities to discuss the issue.

Sardar Hira Singh, who represented the Sikh community, told the judges that wine was not permitted in his religion. “80 percent of liquor is being sold to the Muslims in the name of non-Muslims.”

The chief justice remarked that liquor was being sold openly in the name of non-Muslims while the government was in deep slumber. “The non-Muslims have themselves conceded before the court that they don’t consume liquor.”

Following the apex court’s order, the Sindh excise and taxation department had earlier on Nov 29 allowed reopening of the wine shop by withdrawing its previous order for cancellation of the licenses.

The Supreme Court while setting aside SHC’s Oct 27 order about cancellation of licenses had clarified that, “This order should not be taken to mean that it has granted permission for the sale of alcohol.”