8 wine distribution companies challenge SHC decision in SC

Author: By Syed Sabeeh

ISLAMABAD: At least eight wine distribution companies from Sindh province on Monday approached the Supreme Court of Pakistan requesting it to set aside the order of Sindh High Court (SHC) order pertaining to cancellation of license of liquor shops. On October 27, the SHC ordered authorities to cancel license of all liquor shops operating in the province and issue fresh licenses after scrutiny.

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. Senior Lawyer and human rights activist Asma Jahangir challenging the SHC’s order has requested the top court to suspend the operation of the judgment till final decision of the case. The appeal stated that the high court had sought opinion of only three religious leaders adding that SHC did not consider the views of all the religious minorities.

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.

The list of religious festivals is included as part of each permit in Form PR III. The list includes 42 Christian, 30 Hindu and 24 Parsi festivals. The appeal further stated that the SHC’s order violates of the petitioners’ rights under Article s 4, 9, 18 and 25 of the constitution.

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