Daily Times

ISLAMABAD: Allowing the appeals, the Supreme Court on Wednesday set aside the order of Sindh High Court (SHC) regarding closure of wine shops in the province.

Justice Saqib Nisar, while heading a three judge bench, made it clear that nullifying the SHC’s order should not be perceived as legalizing the sale of alcohol.

“One should not form the impression that the Supreme Court has allowed consumption of alcohol,” Justice Saqib Nisar said. The bench of the top court also remanded the case to SHC to decide the matter at earliest. The top court also directed the SHC to give the decision after hearing all the parties concerned again. The SHC had also directed the provincial Inspector General (IG) police and Director General Excise Department to seal all liquor shops in the province. The SHC had also ordered the authorities to issue fresh licenses after scrutiny of the distributors.

The high court had also declared that all licenses granted to wine shops on the pretext that liquor was needed for religious ceremonies of non-Muslims was unlawful and to be cancelled forthwith. On November 14, senior lawyer and human rights activist Asma Jahangir challenging the SHC’s order requested the top court to suspend the operation of the judgment till final decision of the case.

The appeal contended that the petitioners are law abiding citizens, who have paid duties amounting to over Rs3 billion in the year 2015 alone. It further contended that SHC while passing order has ignored the various dictums of Federal Shariat Court (FSC) adding that the decisions of FSC are binding on the high court by virtue of Article 203 GG of the constitution.

The livelihood of over 24,000 citizens affiliated with alcohol retail business is at stake due to the last month Sindh High Court’s order, the appeal stated. The SHC has erred in holding that liquor can be sold to Non-Muslim foreigners for religious ceremonies only, adding that the restriction only applies to the sales made to non-Muslims citizens of Pakistan and not to non- Muslim foreigners under the law.

During the course of hearing, Member of National Assembly Dr. Ramesh Kumar Vankwani appeared before the top court and requested to allow him for impleadment in the matter. He apprised the top court that Geeta, the holy book of Hindu Religion, prohibits Hindus from alcohol.

He further said that every religion prohibits the sale and consumption of liquor, adding that the issuance of licenses on the name of minorities is maligning the religions. Welcoming the SHC decisions, he said that the foreign countries have not legalised the alcohol in the name of religion.

Justice Nisar observed that the points raised here were perhaps not attended by the high court adding that the high court has gone beyond the scope of the petition.