Bombay High Court Slams Pune’s 10-Day Liquor Ban During Ganesh Festival, Orders Withdrawal
The Bombay High Court called Pune’s 10-day liquor ban during the Ganesh festival arbitrary, questioning why the restriction applied only to one district and directing authorities to withdraw the order.
The Bombay High Court on Friday strongly criticised the Pune administration’s decision to prohibit the sale of alcohol for 10 days during the Ganesh festival, questioning why the restriction was imposed only in Pune while Mumbai and other parts of Maharashtra were not subjected to a similar ban.
The court said the administration should consider withdrawing the order, failing which it could intervene and pass an appropriate judicial order.
The matter came before a bench comprising Chief Justice MC Tripathi and Justice Advait Sethna after associations representing hotel owners and wine shop owners challenged the Pune collector’s decision. The bench observed that imposing a blanket prohibition on licensed establishments from conducting their trade for 10 days appeared arbitrary.
The court also said that the decision could unfairly stigmatise Pune and its residents. At the same time, it acknowledged that authorities have a responsibility to maintain law and order and prevent public nuisance during the festival.
The petitions challenged the order issued by the Pune collector, which prohibited the sale of alcohol for 10 days during the Ganesh festival beginning September 14.
Questioning the basis for targeting a single district, the bench asked what justified selecting Pune when similar restrictions had not been imposed across the state. The judges said such a practice could create an unfair perception about Pune residents.
The court directed the lawyer representing the Pune collector to find out whether the order would be withdrawn and inform the bench later in the day. It indicated that if the administration did not withdraw the restriction, the court would consider passing an appropriate order.
The bench said it understood the authorities’ concerns about maintaining public order during the festival but stressed that it could not be presumed that every person consuming alcohol would cause trouble on the streets or create a law-and-order problem.
During the hearing, the Chief Justice also made a lighter observation about the possible impact of suddenly stopping habitual drinkers from consuming alcohol for 10 days, remarking that it could potentially lead to medical complications and increased pressure on hospitals.
The central issue before the court was whether a district-wide liquor ban during the Ganesh festival could be justified when comparable restrictions were not being imposed in other parts of Maharashtra.
